McTigue v. State

Plaintiff in error was convicted at January Term, 1874, upon an indictment for robbery and stealing from the person, under the Act of May, 1865, and sentenced to ten years imprisonment in the penitentiary.

A new trial having been refused he has appealed in error to this Court.

The first error assigned is, that one Stephens was improperly substituted upon, the Grand Jury which found the indictment in place of Galbreath, who was excused from service — the alleged error consisting in the fact that Stephens was not of the original panel summoned, from which panel the juror should have been…