Simms v. State

*518Defendant, George A. Simms, charged under § 6-54, W.S.1957, with the February 11, 1969, premeditated murder of Capp James Bird, was tried by jury, found guilty of second degree murder, and has appealed. He charges some eleven errors were committed by the trial court’s:

1. Failing to discharge the jury panel challenged by the defendant and to empanel one that contained “a fair portion of Negro jurors based upon the proportion of the Negro population in the County”;

2. Ruling that if defendant invoked his right to not have his wife, Norma Jean Simms, testify against him the State would be allowed…