Page:Bone v. State (1940).pdf/1



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 * 1) I.—An information bearing the name of the prosecuting attorney in print with the words "By J. D., Deputy Prosecuting Attorney," signed with a pen is sufficient.
 * 2) C.—Where it became neces.sary to select five bystanders to complete the jury, there was no error in the clerk calling the fourth name on the list before he called the name of the third, since the clerk testified that he had no preference of one over the other and that he called the fourth one on the list first because he entered the room first.
 * 3) C.—Appellants were not entitled to the services of any particular juror; they may only demand that they be tried by a fair and impartial jury.
 * 4) C.—Where, after the regular panel had been exhausted, the sheriff was directed to summon others for service, and he called them over the telephone not knowing, in some instances, whether the person called was white or colored, there was no discrimination on account of race or color shown.
 * 5) C.—In the prosecution of appellants for killing Mrs. D., evidence of an assault on her husband was admissible as part of the res gestae where it occurred in the same encounter in which Mrs. D. was killed.
 * 6) I.—One convicted of a lower degree of crime than that with which he was charged may not complain of alleged errors in instructions covering a higher degree of crime.
 * 7) C.—Evidence, held insufficient to sustain a conviction of murder in the second degree.
 * 8) C.—The evidence viewed in its most favorable light to the state cannot support a verdict for a higher degree of homicide than voluntary manslaughter.

Appeal from Pulaski Circuit Court, First Division; Gus Fulk, Judge; modified and affirmed.