State v. Edwards

Citations

• 64 Kan. 455
• 67 P. 834
• 1902 Kan. LEXIS 229

Syllabus

<p>syllabus by the court.</p> <p>1. Jury and Jurors — Talesmen—Code Construed. Section 273 of the code (Gen. Stat. 1901, § 4720), which provides that “ when the requisite number of jurors cannot otherwise be obtained, the sheriff shall select talesmen to supply the deficiency from the bystanders or the body of the county, as the court may direct,” by section 208 of the criminal code (Gen. Stat. 1901, § 5650) made applicable to the impaneling of jurors in criminal cases, is a special provision, to be applied only when it is found by the court that additional jurors necessary to constitute a panel cannot otherwise be obtained.</p> <p>2. -Empty Jury-box — Insufficient Reason for Talesmen. Additional jurors were necessary to constitute a panel. The defendant requested the names of additional jurors to be drawn from the jury-box, as provided by section 1 of chapter 121, Laws of 1899. The fact, alone, that the jury-box was found empty did not authorize the trial court to proceed under the provisions of section 273 of the code (Gen. Stat. 1901, § 4720) by ordering the sheriff to summon talesmen from the bystanders or body of the county to complete the panel, in the absence of a further showing that the jury-box could not at the time be legally filled or that a jury could not be legally obtained.</p>