Smith v. State

This is a companion case to that of Huey Walding v. State, 122 So. 296. This appellant and said Walding were jointly indicted for the offense here complained of, and, from the judgment of conviction, this appellant appealed. The trials were had separately.-

The indictment charged murder in the first degree, and appellant strenuously insists that the necessary preliminary orders were not made as required by section 8644 of the Code 1923. It is here contended that the “order” as made by the trial court (1) “does not set the day for the trial of the cause;” (2) “does not name the number of jurors…