State v. Wainwright

The opinion of the court was delivered by

Wertz, J.:

Defendant (appellant) Branch Milton Wainwright was charged, tried and convicted of grand larceny of clothing belonging to one J. Gordon Campbell. From an order overruling his motion for a new trial, defendant has appealed.

On his motion for a new trial the defendant contended for the first time that the verdict could not stand for the reason that one of the jurors was a nonresident of Johnson county, the county in which the alleged offense was committed and tried, and that Section 10 of the Bill of Rights guarantees a trial by “an impartial…