Wolfe v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

In the original submission hereof Presiding Judge Hawkins and the writer were in accord relative to an affirmance of this cause, Judge Beauchamp dissenting. Upon a more mature reflection, I am of the opinion that appellant’s bill of exceptions No. 4 presents reversible error, and I shall attempt to give my reasons for such belief.

It is shown that one F. P. Archer was presented as a possible juror on the venire to try this cause. It was there developed that Mr. Archer was a member of the grand jury which had returned this indictment against appellant. When…