Byers v. State

Motion was made by defendant for a continuance of his case on the ground that jurors from which he was to select a jury were present in court and heard the testimony in the case of State v. Caldwell, in which Caldwell was being tried for the unlawful possession of the still here involved. Upon examination it was ascertained that four of the jurors on the regular panel were present and heard the testimony in the Caldwell Case, but they each said that they had not formed or expressed an opinion as to the guilt or innocence of the defendant. The granting of a continuance under these facts was…