Adams v. State

on rehearing.

January 2, 1924.

LATTIMORE, Judge.

— Appellant’s Appellant’s bill of exceptions No. 4 sets up that after the accused had used ten peremptory challenges to jurors, he asked that he be allowed fifteen such challanges in all, this being a capital case. The court below refused the request on the ground that the State had waived the death penalty. In our former opinion it appears that we accepted without mature consideration this statement in said bill and held that the State had in fact waived the capital feature of the case and that there was no error in the refusal of the request.

In…