Harris v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The venire was exhausted and talesmen were ordered. In the opening of court all talesmen were present except Scheer and Mills. Scheer was called and appeared. After the talesmen were sworn touching their qualifications for jury service, the judge, from the bench, announced that talesman Barnes should be excused. It was alleged in the motion that the things above mentioned transpired there while the accused was in jail or while he was on the way from jail to the court room. Affidavits were attached to the motion. On the presentation of the motion…