Waller v. Commonwealth

The accused, Odell Waller, was indicted for the murder of Oscar Davis. He was found, by a jury, guilty of murder in the first degree and sentence of death was pronounced by the trial court.

Upon the calling of the case for trial, counsel for the accused filed a motion to quash the indictment, on the ground that the indictment was returned by a grand jury from which non-poll tax payers had been excluded. This motion the court overruled.

After a plea of not guilty was interposed by the accused, counsel for the accused moved the court to quash the venire facias, on the ground that “said venire…