Kizer v. State

The defendant, John Kizer, and his brother, Joe Kizer, were charged with the crime of murder. They were charged with killing Jordan Swink, on or about the 29th day of April, 1936. A severance was granted, and the defendant was placed upon trial, was convicted of manslaughter in the first degree and sentenced to serve a term of 25 years in the penitentiary, and has appealed.

The second assignment of error in this case is that defendant was deprived of a substantial right by being tried by a jury whose names were not drawn from the jury box, and who were summoned as talesmen by the sheriff of…