McColley v. State

Plaintiff in error, hereafter called • defendant, was convicted of an assault with intent to rape a 17-year-old girl.

The first error assigned and argued in the brief of defendant is that Julius A. Mauss, one of the jurors, was of unsound mind and was a nonresident of the state. No record was preserved in the bill of exceptions showing what answers were given by the juror in his voir dire examination. The question was first raised in the motion for. new trial and his qualifications as to mind and residence were then presented by oral testimony and by affidavits. Some of these affidavits…