Smith v. Commonwealth

Opinion op the Court by

Judge Clay —

Affirming.

This is an appeal from a judgment convicting appellant of manslaughter and fixing his punishment at twenty-one years’ imprisonment.

It appears that after a jury was selected some of the jurors were used in the trial of another case, and were permitted to separate from other jurors that had been accepted, and for this reason the trial court sustained appellant’s motion to discharge the jury. The regular panel having been exhausted in the previous attempt to procure a jury, and the jury wheel being empty, the court ordered the sheriff to summon…