Findley v. State

The plaintiff in error, John Findley, here referred to as the defendant, was charged, tried, and convicted for the illegal manufacturing of corn whisky. By the verdict of the jury his punishment was assessed at confinement in the county jail for a period of six months, and to pay a fine of $500. •

The defendant first contends that the record shows that he was tried by a jury of four persons, and that the record does not show that he waived his right, by agreement or otherwise, to try his cause to a jury of six. This claim is predicated upon the following excerpt from the clerk’s minutes, as…