Morgan v. State

The appellant was charged by information with robbery. He entered a plea of not guilty, and on October 16, 1968, was tried by a jury composed of six members. The jury found the appellant guilty of the lesser offense of grand larceny. The court adjudicated him convicted and sentenced him to five years in the state penitentiary.

This appeal presents a single point. “Is it a violation of a criminal defendant’s federal constitutional right to a jury trial * * to try said defendant for the crime of robbery with the jury composed of less than twelve people ? ” The point presented was properly raised…