State v. Wright

The opinion of the court was delivered by

McEnery, J.

The defendants were indicted for larceny. Wright was convicted and appealed. There was a mistrial as to Jim Davis.

The defendant Wright attacks the constitutionalty of Act 35 of 1880; and complains of the overruling of his motions for a new trial, and in arrest of judgment.

Article 7 of the Constitution of 1879 provides “that in cases where the penalty is not necessarily imprisonment at hard labor or death the General Assembly may provide for the trial thereof by a jury less than twelve in number.”.

To carry out this constitutional provision…