Wiley v. State

This was an indictment for murder. Plea, not guilty. Verdict, guilty of manslaughter; and sentence to the penitentiary.

The record shows that the regular panel of the jury having been exhausted without the election of a jury, and four jurors tales de circurnstantibus having been called, and accepted by the prisoner, the prosecuting attorney challenged them peremptorily, and his challenge was allowed by the Court—the prisoner objecting. This is the only error assigned.

The right of the state to make peremptory challenges depends upon our statutes. The 42d section of the practice act provides,…