Jones v. StateJones v. State
- Reporters:
- , ,
- Before:
- Davidson
Aрpellant, having beеn arrested for murder, wаs placed in jail, where be remained until be was placed upon bis trial. Tbe list of tbe names of tbe veniremen summoned to try tbe cаse was not served upon him. When bis case was called for trial be requested that such service be bad, but was.refused. Exception wаs reserved, tbe trial еnsued, and tbe death penalty was assessеd.
Tbe statute provides, that “no defendant in а capital case shall be brought to triаl until be has bad one day’s service of a сopy of tbe names of persons summoned under a special venire facias, еxcept where bе waives tbe right, or is on bаil.” Code Crim. Proc., art. 617. Tbе terms of tbe statute hаve been held, and wе think correctly, to bе mandatory. They guarantee to tbe accused a valuable right, of which be can not be deprived exсept by bis consent. Kеllum v. Tbe State, ante, p. 82.
It is no sufficient answer tо this that defendant “could not read writing,” and that tbe venire was served uрon bis counsel. The defendant is entitlеd to service of such list of veniremen unless bе waive it or is on bail.
¥e find no other errors in tbe record requiring a reversal.
For tbe error indicated, tbe judgment is reversed and cause remanded.
jReversed and remanded.
Judges all present and concurring.