Davis v. State

SAMFORD,- J.

Defendant moved for a continuance of the case on the ground that the panel of jurors from which a jury was to be selected to try defendant had “either sat on the trial of a companion case or heard the evidence therein.” The companion case referred to was the case of a party jointly indicted with defendant and on the same charge.

That a number of the panel had sat on the companion case and rendered a verdict therein was ground for challenge, but that the jurors in attendance upon the court had heard the testimony in the other case is no cause for challenge. Cline v. State, 20 Ala.…