Smith v. State

(dissenting). — When this case was called' for trial the State announced ready. Appellant did not, but i)led or made a motion demanding a special venire, the case being rape, which is a capital offense. This being the case and the law, he was entitled to a special venire from which to select a jury. One objection by the State to having a special venire seems to be found in the fact that appellant did not filé an affidavit previous to the calling of the ease asking for a special venire, and this error of the court was sought to be condoned by the judge and district attorney entering into an…