State v. Gardner

The opinion of the court was delivered by

Marshall, J.:

The defendant was prosecuted for arson in the fourth degree, burning alfalfa hay in the daytime, was convicted, and has appealed.

She urges that one of the jurors who tried her was disqualified on account of his knowledge of facts in the case and on account of his prejudice against her; all unknown to her until after a verdict of guilty had been returned. The juror, at the time of the preliminary examination, was a deputy sheriff of Pottawatomie county, was a constable in that county, and had served subpoenas issued by the justice of the…