Spooney v. State

The appellant was indicted, tried, and convicted of murder in the first degree and sentenced to death.

After due arraignment, an order was entered by the court fixing the date of defendant’s trial and for the summoning of a special jury for ther trial. The order of the court fixing the number and prescribing the constituents of the venire was in these words:

“It is further ordered that the venire for the trial of this case shall be 80 in number, consisting of 85 jurors drawn for the regular juries of this week, together with 45 drawn specially from the jury box of this county by the trial judge…