74 Mo. 531 | Mo. | 1881
I.
The defendant was indicted on the 12th day of November, 1881, and put upon his trial on the 14th day of that month. The trial resulted the same afternoon, in a verdict of guilty, and a sentence of five years in the penitentiary. The State concedes the application for a continuance is unobjectionable in form. "We have no
II.
There was error in striking the name of Samuel F.. Thomas from the regular panel of jurors. He was a competent juror, and the ruling mentioned cannot be sanctioned. It would be premature for us to say whether we-would reverse this cause on this ground alone. We think best to call attention to it in order that it may be seen that we do not give it our approval.
For the error in this behalf first aforesaid, we reverse-, he judgment and remand the cause.