Rogers v. State

The appellant was indicted for larceny, tried, convicted, and sentenced to. imprisonment in the state prison.

On the calling of the cause for trial, the jurors of the regular panel were engaged in deliberation upon a cause which had been submitted to them; and, thereupon, the court ordered a jury of bystanders to be called for the trial *544of this cause, which, was clone; none of the regular panel being upon the jury thus called. The defendant, by his counsel, objected to being tried by the jury thus called, and demanded to be tried by the regular panel; but his objection was overruled, and he…