State v. Atkinson

The opinion of the court was delivered by

Mare, J.

The accused was indicted, tried, and convicted of assaulting R. W. Allison, by willfully shooting at him. Having' been sentenced to imprisonment in the penitentiary, at hard labor, for one year, he has brought the case before us for review.

The only question for our consideration is that presented by the bill of exceptions as to the formation of the jury.

The case was reached late in the evening of the day on which it had *544been fixed for trial. Two juries were then out in oases in which, verdicts ’had not been rendered, and there were, on .those…