Rhoden v. Stephens

David Rhoden was convicted of murder and sentenced to life imprisonment. After the trial his attorneys, appointed by the court, applied-for a new trial on the ground that an ineligible juror had served in the case. The court denied the application. By appeal and certiorari the matter has been brought to us for review.- Opposing counsel have agreed that Rhoden’s appeal on the merits, Case No. 5118, Rhoden v. State, will be deferred until the decision in the case at bar.

Both Rhoden and Clint Otwell were involved in the homicide. Otwell was tried first, in December of 1963. At that trial Walter…