Barner v. State

Deen, Presiding Judge.

1. The appellants in 52303 urge that the indictment against them should have been dismissed. The case was originally called on February 9, 1976, issue was joined and the clerk began to call the names of the first 42 jurors. The state thereupon announced that it could not proceed and that it would call another case, because the appellants had filed a motion to suppress. Then the names of the entire jury panel were called to determine their presence or absence, the panel was qualified and given the oath of Code § 59-706. On February 12, 1976, the case against appellants…