State, Ex Rel. Burton v. Smith

The relator, Everett Burton, Prosecuting Attorney of Scioto County, brings this original action in mandamus in this court against the respondent common pleas judges of Scioto County, seeking, in effect, to compel respondents to refrain from selecting talesmen as substitutes for prospective grand jurors previously drawn from the jury wheel from among ballots prepared from the annual jury list set forth in a venire issued to the sheriff therefor but before the grand jury has been empaneled and sworn. Relator has also brought a companion action in prohibition against respondents, seeking similar…