Waltermire v. State

The appellant was charged with and convicted of the crime of abortion under § 10-105, Burns’ 1942 Replacement, § 2428, Baldwin’s 1934. The trial was by jury in the Criminal Court of Marion County, Indiana.

It is claimed here that the lower court erred in not sustaining a written request for a special venire. After the commencement of the trial, the special judge who tried the case ordered the sheriff to summon twenty (20) jurors from persons outside the court house. This was done because various members of the regular panel were excused for cause. The appellant objected to the order given the…