State v. Smith

OPINION

CARMODY, Chief Justice.

Defendant Marlin G. Smith appeals from a conviction of first degree murder in the shooting death of Roosevelt Pope.

He first urges that the trial court erred in proceeding to impanel a jury without having at least 36 prospective jurors, representing combined regular and emergency petit jury panels, physically present from which to select twelve jurors. He also urges error under § 41-10-2, N.M.S.A., 1953 Comp., in that no list was provided him of special jurors called after the original panel had been exhausted with only nine jurors yet accepted by both parties; he…