Fleming v. State

On Rehearing.

RICE, J.

This case was reversed and remanded by opinion heretofore rendered by Foster, J., who has since resigned from this court, on the sole ground that the defendant was forced to select her jury from a venire containing the names of nine jurors a list of whom had not been served upon her, as provided by law, in capital eases. Acts 1909, p. 305, § 32, as,amended by Acts 1919, p. 1039.

The state, through its Attorney General, has filed an application for rehearing, and argues that, even though this action of the trial court be error, it cannot here avail the defendant, for the…