Poston v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for two years.

The first juror selected from the special venire was Ralph M. Richie. After this juror had been duly sworn as a juror in the cause, it was discovered it would become necessary to recess court until the following morning. No« other jurors having been selected, a discussion arose between counsel for the state and appellant’s counsel as to whether juror Richie should be permitted to go to his home for the night. Appellant’s counsel suggested that, rather than have the j uror locked up over…