Day v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

The , jury panel drawn from the jury wheel was quashed upon appellant’s motion on the ground that there was-no city in Eastland county, as shown by the census of 1930, which contained a population of 20,000 people. The sheriff, upon order of the court, summoned a jury. Appellant moved to quash this second panel for the reason that the sheriff summoned the same men who were on the original panel, they having been asked by the court to remain after the-first panel had been quashed. This does not appear to us tantamount to an order from the court to the…