Wessells v. Commonwealth

164 Va. 664 (1935)

PAUL WESSELLS

v.

COMMONWEALTH.

Supreme Court of Virginia.

June 13, 1935.

Mapp & Mapp, for the plaintiff in error.

"Note: Exception noted by attorneys for the defendant.

Present, All the Justices.

1. JURY -- Court Cannot Arbitrarily Deplete Jury Panel. -- The court cannot, in the exercise of an arbitrary power, deplete the jury panel over the objection of an accused.

2. HOMICIDE -- Jury -- Exclusion of Prospective Juror -- Exclusion in Absence of Request and Over Objection of Accused -- Case at Bar. -- In the instant case, a prosecution for murder, the trial court excluded a certain…