Fleming v. State

The appellant was indicted for murder in the first degree and convicted of manslaughter in the first degree.

The minutes of the qourt recite that—

“In open court, this the 21st day of April, 1923, it is hereby commanded that the sheriff summon 80 persons this day drawn from the jury box to serve as jurors for the week beginning Monday, May 7, 1923, and the Judge in open court this day draws from the jury box 80 names which shall constitute the special venire of 80 for the trial of capital cases set for week beginning Monday, May 7, 1923. The court has not drawn and shall not draw any regular…