Robertson v. State

Conviction for voluntary manslaughter.

1st. The jury were placed' in charge of an *426officer properly sworn, but the record of the next day does not show that the jury returned in charge of the officer.

There is no error in this. It is not necessary that the record should affirmatively show that the officer did his duty. In the absence of anything to the contrary, this will be presumed.

2nd. A juror was presented who had been peremptorily challenged by the prisoner at a former trial

This was cause for challenge. The juror being otherwise competent, the fact that he had been on a former panel did not…