State v. McCombs

The opinion of the court was delivered by

Wedell, J.

The defendant was prosecuted and convicted under the provisions of G. S. 1935, 21-435. He was sentenced under the habitual criminal act, G. S. 1945 Supp. 21-107A., His appeal does not involve the sentence, imposed pursuant to that act but .pertains to errors alleged to have been committed in the trial of the action.

Appellant contends the verdict cannot stand for the reason one of the jurors was a nonresident of Logan county in which the alleged offense was committed and tried; that section 10 of our bill of rights guarantees a trial by “an…