MacKey and Grice v. State

PRENDERGAST, Judge.

— The appellants were jointly indicted for adultery. They were tried together, jointly, and in the trial, repre-' sented by the same attorney; each was convicted, Mackey fined $325 and Grice $100. They both appealed, each entering into a recognizance separately.

The record shows that in the organization of the jury, when both sides got through with their challenges, only five jurors were left. Thereupon, both sides agreed in open court, both appellants being present, to try the case before a jury of five, which was done. No objection was made by the appellants, or either of…