State v. Amburgey

Mr. ChiEE Justice Baker'

(dissenting) :

The appellant, a man sixty-three years of age, was tried and convicted at the September, 1944, term of Court of Greenville County. While the indictment charged murder, the jury -found him guilty of manslaughter and he was sentenced to serve nine years.

Before the adjournment of the Court, but after sentence (the respondent raises no issue as to the sentence having been pronounced), the appellant made a motion for a new trial upon the ground that he had been tried by an illegal jury, in that it had developed that W. B. Perry, one of the jurors who tried and…