Stewart v. State

FOSTER, Justice.

Appellant was tried for murder in the first degree, convicted for murder in the •second degree, and sentenced to the penitentiary for thirty-three years.

Before the trial was entered upon, defendant moved to quash the venire on the .ground that several persons who had been summoned for jury service for the week in which defendant was being tried had “been excused by the judge organizing the juries for that week, without the consent of defendant, and they did not then appear on the venire for the week. The court overruled the motion, and defendant excepted.

We need not inquire…