State v. Maxey

Eishbtjrne, Justice.

The defendant, Russell B. Maxey, was convicted of burglary and assault and battery with intent to kill, charged in two counts of the indictment. His punishment was assessed at six and a half years imprisonment, from which he appeals.

Error is assigned because a juror, John W. Miles, was excused by the trial judge after having been examined on his voir dire. This juror stated that he would be guided entirely by the law and the evidence, and would render an impartial verdict. He said, however, that he was a friend of the appellant and that his friendship might embarrass him…