Avirett v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, death.

It was charged in the indictment, in substance that appellant, with malice aforethought, killed James Malcolm Stewart by shooting him with a pistol.

It is shown in bill of exception No. 2 that appellant made a motion to quash the special venire on the ground that it was not drawn in accordance with the provisions of article 591, C. C. P., as amended by chapter 315, General Laws, 42nd Legislature, Regular Session. We quote the article, in part, as follows:

“In all countes having a population of at least fifty-eight thousand, or having…