Smith v. State

CHRISTIAN, Judge.

The offense is unlawfully carrying a pistol; the punishment a fine of one hundred dollars.

Appellant challenged the array of jurors, calling attention to Art. 2104, R. S. 1925, and others, requiring the appointment of jury commissioners at a previous term, and pointing out the fact that no jury commission had been appointed at the previous term, but that the jurors had been summoned by the sheriff. It is the rule that the right to set aside the panel for the reasons stated in the challenge to the array does not accrue where the failure to select a jury commission is due to…