Patrick v. Commonwealth

The accused was indicted for murder in the circuit court for Wise county. Upon his trial he was found guilty of *935murder in the second degree and his term of confinement in the penitentiary fixed at thirteen years, and judgment was entered in accordance with that finding. To that judgment this writ of error was awarded.

The action of the court refusing to quash the venire facias is assigned as error.

The first objection made to that writ is that the list of names furnished by the clerk to the sheriff from which to summon the jury for the trial of the accused was drawn in the presence of the…