State v. Smith

MISER, C.

Appellant seeks to set aside his conviction on the ground that the trial court erroneously disallowed his challenge to the panel from which the jury was selected which found him guilty of grand larceny. The written challenge interposed at the trial and before any juror was sworn was as follows:

“Comes now the defendant, H. Smith, and challenges the panel upon the ground and for the reason that in the selection of the jury there was a material departure from the forms prescribed by the laws of the State of South Dakota, all of which was prejudicial to the substantial rights of the…