State v. Moncla

The opinion of the Court was delivered by

Fenner, J'.

Defendant, convicted of larceny, and sentenced to one year’s imprisonment in the penitentiary, assigns the following errors : I. While the empaneling of the jury was in progress, and before *869the regular venire had been exhausted, the judge, at the request of the State’s attorney, ordered the sheriff to summon twenty-five tales jurors, to be ready for service if required. To this .order the defendant objected, on the ground that “ no talesmen could be ordered under the law, before the regular panel was exhausted.”

The judge assigns the…