Evans v. State

The plaintiff in error excepts to the judgment overruling his motion for a new trial. The accusation was based upon an affidavit made before a justice of the peace, who issued the warrant for the defendant’s arrest. On the panel put upon the prisoner this justice of the peace appeared as a juror. Immediately after the panel was put upon the accused, .and before the jury was stricken or sworn, the accused objected to the justice of the peace, upon the ground that he was not a competent juror, because of the facts stated above, and, in substantiation of this objection, submitted to the court…