Thomas v. Commonwealth

*504Holman B. Thomas, was tried by a jury upon an indictment which charged him with the murder of A. K. Fleming, a police officer. The jury found him guilty of murder in- the first degree and the court sentenced him to be electrocuted. The petition for a writ of error assigns numerous errors.

The action of the court in instructing and communicating with the incomplete panel of jurors and swearing officers to take charge of the panel; and, later, in committing the full panel of jurors to these officers in the absence of the defendant, is assigned as error.

The pertinent facts follow:

On the first day…