Harvey v. State

Pannell, Judge.

1. The provisions of Code § 59-805 that "[e]very person indicted for a crime or offense which may subject him to . . . imprisonment in the penitentiary for not less than four years may peremptorily challenge 20 of the jurors impaneled to try him” do not apply to a case where the defendant is indicted in more than one count, and where none of the counts charge him with an offense punishable by four years or more imprisonment in the penitentiary. The maximum time of imprisonment in the penitentiary for a particular charge determines the number of peremptory challenges allowed,…