Smith v. State

This is an appeal from a conviction of assault and battery with intent to kill and murder. While the jury for the trial of this case was being impaneled from the two regular panels for the week, both of those panels became exhausted before the jury for the trial of the case was completed. Thereupon, the court ordered the sheriff " to go into the body of the county and bring in thirty jurors. ’ ’ The sheriff did this, summoning no jurors who were then in the court room. When presented with a panel composed in whole or in part (which is not clear from the record) of jurors so summoned by the…