Malone v. State

The defendant was indicted on a charge of murder in the first degree, was on his trial convicted of murder in the second degree, and from the judgment he appeals. There was motion, sustained by proof, to quash the venire, on the ground that the order fixing the number of the venire to try defendant provided for 60, when in fact only 57 names were served on defendant. The order of the court was as follows:

“The defendant being in open court and attended by counsel, upon being duly arraigned, pleads not guilty. It is ordered by the court that Tuesday, May 7, 1918, be and is set as the day for…