Biddle v. State

Alvey, O. J.,

delivered the opinion of the Court.

The appellant in this case was indicted for an assault with intent to murder. At the trial, and while impanelling the jury, a juror by the name of Ferguson was called and sworn upon his voir dire, and having proved himself competent, he was accepted by the State, but was challenged peremptorily by the accused, and he thereupon retired from the box. Afterwards, and before the panel of twelve jurors had been obtained, but after eleven jurors had been sworn, and after the accused had peremptorily challenged the full number of twenty jurors, and the…