Smith v. State

Franicum, Justice.

The accused was indicted, tried and convicted of the crime of murder. He thereafter filed a motion for a new trial which was subsequently amended, and after a hearing denied. The appeal is from the conviction and sentence of death, with error enumerated in nineteen separate complaints on the allowance of evidence, charge of the court, *329and denials of motions, including the motion for new trial as amended. Held:

1. Even though the jury box contained the names of persons 65 years or older, who had not requested in writing to serve on the jury, this was not ground for the…