Lewis v. State

The appellant was convicted of murder and sentenced to be hanged. A few days prior to the day set for the execution of the sentence, he sued out a writ of habeas corpus alleging’ that he was unlawfully restrained of his liberty by the sheriff. The petition for the writ of habeas corpus alleges that the appellant was not tried by a lawful jury, for the reason that one of its members was not “of the county where the offense was committed,” as required by section 26 of the Constitution.

The judgment under which the appellant is being held by the sheriff sets forth his plea of not guilty, and…