Morakes v. State

Head, Justice.

(After stating the foregoing facts.) In special ground 4, the movant shows that the Sheriff of Morgan County, George Saye, was named prosecutor in the bill of indictment returned against him, and on the trial of the case testified on behalf of the State against the movant. He states that such sheriff served as sheriff during the trial, appointed the bailiffs who attended the jury, and personally summoned a number of the jurors who were selected as triors of the defendant. He contends that, because such sheriff was prosecutor in the case, he was disqualified to perform the acts…