State v. Bectsa

*323The opinion, of the court was delivered by

Garrison, J.

When this indictment was moved, counsel for defendant objected to proceeding with the trial for a reason that appears in the following extract from the printed case certified to this court with this writ of error:

“The prosecutor moved the indictment.

“Defendant objects to proceeding with the trial of this cause at the present time, because the defendant has not been served with a panel of forty-eight names of men eligible for jury duty and thereby offers to prove that there are on the panel returned to try the defendant at least two men…