Munson v. State

HENDERSON, Judge.

The appellant in this case was tried under an indictment charging him with burglary, and his punishment assessed at two years in the penitentiary; and from the judgment and sentence of the lower court he prosecutes this appeal.

The appellant assigns as error, that he challenged a juror, Hiller, on the list handed him, but that by some means said juror was called in the box, and constituted a part of the jury, and was sworn, and after the indictment was read and the plea of not guilty entered, the appellant for the first time discovered the presence of E. H. Hiller on the jury.…