Gilmore v. State

The appellant was indicted for the offense of voluntary manslaughter, of which he was found guilty by a jury. From the judgment on the verdict he prosecutes this appeal.

Before entering a plea of not guilty, the appellant filed a verified plea in abatement, which in substance alleged that after the grand jury had been impaneled, one member thereof stated that, “he was opposed to the infliction of capital punishment and that he did not feel qualified to serve upon the Grand Jury where such a case might come before him, and further stated that he would not, if he served upon the Grand Jury,…