State Ex Rel. Landis v. Lewis

The statement that the judgment was reversed in the case of Chance v. State, 115 Fla. 397, 155 South. Rep. 663, "solely upon the ground that he had been tried by an illegal jury," is somewhat confusing in the light of the point in controversy, which is that a person is not placed in jeopardy until he is confronted by a legally constituted jury which has been charged with the deliverance of the accused. See 16 C. J. 244; 8 R. C. L. 139.

A person accused of crime is not "tried," within the legal acceptance of that term, by twelve persons who have been assembled without authority of law and sworn…