Phillips v. State

Defendant (Appellant) was charged by indictment with First Degree Murder. After trial by jury, he was found guilty of the lesser included offense of Second Degree Murder, Ind. Code §35-1-54-1 (Burns 1975), and was sentenced to be imprisoned for not less than ten, nor more than twenty-five years. This direct appeal presents the following issues:(1) Whether the procedure used to select the jury array discriminated upon the basis of wealth.(2) Whether calling the regular panel of jurors, in an order differing from the order in which they were originally selected by the County Clerk, prejudiced…