State v. Dalton

— On August 11, 1961, a county attorney’s information was filed in the Municipal Court of the City of Clinton charging defendant with the crime of operating a motor vehicle while in an intoxicated condition. Defendant entered a plea of not guilty and trial was set for November 9. On that date, before any juror was sworn, defendant’s challenge of the November jury panel was sustained. It was established none of the proper public officers was present when the names were drawn from the jury box. The panel was then excused.

The case came on for trial on December 14 and defendant’s challenge to the…