Fowler v. State

Grice, Justice.

Grounds 3 and 5 of the motion for new trial, set forth in the preceding statement, will be considered together; and since they deal with a situation that has now for the first time confronted this court, some exposition will be made of the rulings thereon announced in the headnotes. The gist of the contention of counsel concerning these grounds is that under the facts as presented the defendant could not have had a trial by an impartial jury, as guaranteed to him under the constitution. Code, § 2-105. This contention rests upon the mere fact that the prisoner was brought into…