State v. Benton

The opinion of the Court was delivered by

Mr. Ci-iiEE Justice Jones.

Defendant Benton was convicted in his absence at March term, 1909, for violation of the dispensary law, and a sealed sentence was left by Judge DeVore, who presided at the trial. Defendant appeared at the following term and the sentence was opened by Judge Shipp, whereupon defendant made a motion in arrest of judgment upon the ground that the writ of venire that brought the petit jury into Court that convicted defendant was not sealed. Judge Shipp, upon this ground, arrested judgment and granted a new trial by order dated July…