Bishop v. State

Birdsong, Presiding Judge.

Billy Bishop, the defendant, brings this appeal from the denial of his renewed plea of former jeopardy. Bishop was indicted for the offenses of aggravated assault and carrying a pistol at a public gathering. His case was called for trial, a jury was selected, sworn, and then excused until the next day. Before the court convened the following morning, a juror spoke to the trial judge and advised him she could not serve because of religious scruples. That is, she could not sit in judgment on another person because of her religious belief. A hearing was held on the…