Wheeler v. State

GRAVES, Judge.

Appellant was convicted of the murder without malice of E. B. (Jack) Stephenson, and by the jury given a term of three years in the penitentiary.

The facts show a killing over a trivial matter and would have supported a verdict of a killing with malice, or again, a killing in self-defense. However, this matter was settled by the jury, and we see no reason to set forth the facts in detail.

Appellant’s main contention herein relates to the trial court’s action in excusing from the jury venire of 120 men the twelve men who were selected and serving on another jury in a civil case…