Fortune v. State

Appellant was charged by a grand jury indictment, in two counts, with the crime of first degree murder while in the commission of a felony. On motion of defendant the cause was venued to the Huntington Circuit Court for trial. There was a trial and a verdict of guilty returned by the jury. Judgment was entered on said verdict. Appellant filed a motion for a new trial which was overruled, and this appeal perfected.

The record shows that after the jury was sworn appellant filed a motion challenging the entire special venire for the reason that the jury commissioners had not taken the…