Lister v. State

DeCARLO, Judge.

Theft of property in the first degree; five years probation.

The facts in this case are not in issue. The appellant’s sole contention is that the trial court committed reversible error when it compelled him to strike from a jury list which contained less than all the competent jurors called for service that week who were not otherwise engaged in court activity-

The record reflects that seventy-eight jurors were qualified for service during the week of appellant’s trial. Twenty-four of those were hearing or deliberating other cases and were not available to serve at appellant’s…