Demmon v. State

CATES, Judge.

Selling marijuana: sentence fifteen years.

I

The jury were chosen and then without consent either of the accused or of his counsel, were allowed to separate overnight.

The next morning defense counsel objected to the trial going on because certain of the jurors were reading newspapers. In his motion counsel stated that there was a report of the conviction on the day before of a co-indictee of the defendant. The motion was denied without a hearing.

Montgomery County having more than 140,000 people in the 1960 census, was at the time of trial within the mandatory purview of Act 384,…