Wells v. State

Jones, Phillips and Wells were jointly indicted for a misdemeanor. Jones was tried first, and was convicted. In the statement he made on his trial he implicated AVells as being concerned in the larceny. The larceny was proved, we presume, by other testimony also. AVhen Wells was arraigned, the same jurors who had tried the case against Jones were put upon AVells as part of the panel of twenty-four from which were to be selected the jurors by whom he was to be tried. Counsel for AVells challenged each of these jurors who had sat upon Jones’s case, on the ground that they had *659formed and…