Kimbrell v. State

This defendant was charged by indictment with the offense of murder in the first degree, the specific charge being that he unlawfully and with malice aforethought killed Jim Elliott by shooting him with a gun, etc. He was tried and convicted, the verdict of the jury being that he was guilty of murder in the second degree, and his punishment was fixed at imprisonment in the penitentiary for a term of 15 years. Judgment was entered accordingly.

On the defendant's motion to quash the venire it is immaterial where the name of the juror in question was Harlan or Horton, as the statute expressly…