Butler v. State

Nichols, Justice.

1. The appellant’s first contention is that the judgment of the trial court overruling her challenge to the array of the grand jury was error, and the second contention is that the overruling of a challenge to the array of the petit jury was error. These contentions will be dealt with together.

Pretermitting the question of the timeliness of the challenge to the array of the grand jury, the evidence adduced did not demand a finding, even if such a finding was authorized, that either the grand or petit jury was unconstitutionally constituted. In this case, like the case of…