Mabry v. State
Supreme Court of Arkansas
APPEAL from Faullcner Circuit Court. J. W. MabtiN, Judge. 1. The order for a special venire, made in the absence of defendant, was a substantive act, which in a felony case, is ground for reversal. 24 Ark., 620; 44 Id., 331; 24 Id., 628.. 2. The panel in this case consisted of 18 jurors only. Defendant was entitled to a full panel of 24, Mansf. Dig.,, secs. 4004-8 ; 14 Iowa, 220 ; 9 Pac.
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APPEAL from Faullcner Circuit Court. J. W. MabtiN, Judge. 1. The order for a special venire, made in the absence of defendant, was a substantive act, which in a felony case, is ground for reversal. 24 Ark., 620; 44 Id., 331; 24 Id., 628.. 2. The panel in this case consisted of 18 jurors only. Defendant was entitled to a full panel of 24, Mansf. Dig.,, secs. 4004-8 ; 14 Iowa, 220 ; 9 Pac. Pep., Dupont v. MeAdow, January 25, 1886; 2 Id., 21; 13 Wall, 434; 32 Kans., 477 ;. 9 Johns., 260; 73 III., 246; 67 111, 354 ; 5 Blaahf. (Ind.) 120; 3 lb., 37. 3. The jury were not instructed as to the…
1Opinion of the CourtCockrilu, C. J.
The appellant was indicted and tried for murder in the second degree, was convicted and sentenced to five years’ imprisonment in the penitentiary.. Several days before the-cause was set for trial, the judge, at the request of the state’s attorney, ordered the sheriff to-summon thirty tales jurors to be present on the day of trial ready for service as necessity might require. The defendant was absent on bail when the order was made. His counsel was present and raised no objection. The bill of exceptions assigns, as a reason for making the order, the belief that the regular panel would be…
2Cases cited5 opinions
- State v. ElliottSupreme Court of Iowa · 1877
- People v. SouthwellCalifornia Supreme Court · 1873
- State v. . JonesSupreme Court of North Carolina · 1887
- Curran v. PercivalNebraska Supreme Court · 1887
- St. Louis & Southeastern Railway Co. v. LuxIllinois Supreme Court · 1872
3Cited by29 opinions
- Andrews v. StateSupreme Court of Arkansas · 1971
- Bennett v. StateSupreme Court of Arkansas · 1896
- Colson v. StateSupreme Court of Florida · 1906
- Vogel v. StateWisconsin Supreme Court · 1909
- Whittaker v. StateSupreme Court of Arkansas · 1927
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