State v. . Lytle

The prisoner was indicted for burglary, and on not guilty pleaded he was convicted, and from the judgment of death thereon he appealed to this Court. Before sentence was passed the prisoner insisted there had been a mistrial, and, for the several reasons herein stated, moved the court to set aside the verdict and grant him a venire de novo, which was refused.

After forming a grand jury there were only eleven jurors of the original panel attending the court, and a special venire for seventy-five other jurors was awarded. To form the jury, the jurors of the original panel were not tendered first…