tency to serve, since he could not have been liable for a poll tax and may not have had any property liable for taxation, and especially when it is found as a fact that no taxes were assessed against him for 1895. Besides a grand juror is not required to be a freeholder. Perry, 122-1018.

A tales juror who has not paid his taxes for the fiscal year preceding the first Monday in September next before the time he is called on to serve, may be excluded on being challenged. Hargrave, 100-484.

NO SEPARATION IN CAPITAL CASE.-If the jury, in a capital case, separate without returning a verdict, the prisoner can not be tried again for that offense. Garrigues, 2 (1 Hay.), 276.

In the trial of a capital felony the judge may, for sufficient cause, discharge the jury and hold the prisoner for a new trial. Scruggs, 115-805. PERSONS EXEMPT.-A person who is exempt by law from serving on juries, is not bound to serve on a special venire. Whitford, 34 (12 Ired.), 99.

MISTAKE IN NOT RECALLING JUROR STOOD ASIDE.-Where one of the venire is challenged by the state and directed to retire till the panel is gone through with, and is not afterwards recalled, the clerk declaring that the panel has been perused, through a mistake in supposing that the juror had been excused for the reason that he was a witness, and the prisoner makes no objection to another panel being ordered, thus acquiescing in the statement of the clerk that the panel had been perused, a new trial will not be ordered. Lytle, 27 (5 Ired.), 58.

OFFENSE LESS THAN CAPITAL.-Where the indictment is for an offense less than capital, and defendant has challenged four jurors peremptorily, he can not challenge a fifth peremptorily if he has first challenged one of the four for cause which was properly disallowed. Hargrave, 100–484.

DRAWING FROM BOX.-The practice of drawing the special venire from the box is commended. Brogden, 111–656.

JUROR REQUESTING TO BE EXCUSED.-A judge in his discretion, may excuse a juror at his own request as a favor to him and before he has been accepted. Barber, 113-711.

SHERIFF'S RETURN MAY BE AMENDED.-Where a sheriff, in making his return on a writ and list of special venire, endorsed thereon: "Received October 25, 1893, executed October 30, 1893, by summoning one hundred and fifty men," it was within the discretion of the court, at the term to which the writ was returnable, to permit an amendment of the return so as to show those actually summoned and those not with the reasons why they were not. Whitt, 113-716.

MINOR WHEN SUMMONED.-The fact that a grand juror was a minor when his name was put on the jury list is immaterial if he was of age at the time he served. Perry, 122-1018.

DEFENDANT MUST SHOW DISQUALIFICATION.-The burden of showing a disqualification of a grand juror is upon the defendant. Perry, 122–1018. JUDGE CAN NOT Extend the TIME.-The discretionary power of the judge in respect to challenges of jurors is confined to challenges for cause, and he has no more authority to extend the time for making peremptory challenges beyond the limit fixed by the statute than he has to allow more than four challenges. Fuller, 114-885.

TRANSCRIPT NEED NOT NAME GRAND JURY.-It is not necessary that the transcript of the record should contain a list of the grand jurors. Jimmerson, 118-1173.

SECOND VENIRE MAY BE ORDERED.-Where a special venire is exhausted without completing the jury the court may order a further venire to be summoned at once from the bystanders.-Stanton, 118-1182.

MOTION TO QUASH.-If the motion to quash for disqualification of a grand juror is made before plea, the defendant has a right to have the motion granted; if made after plea, but before the jury is impaneled, it may be granted or refused in the discretion of the court, but if made after the jury is sworn the objection shall be deemed to have been waived. Gardner, 104739.

WHEN AN APPEAL WILL LIE.-Where the motion to quash is made after plea, but before the jury is impaneled, and the judge refuses on the ground that it was not in apt time, this is error, but if he puts his refusal upon the exercise of his discretion, or assigns no reason, no appeal lies. Gardner, 104-739.

To render a person eligible as a juror, it must appear that he has paid his taxes for the fiscal year next preceding the time when his name was placed on the jury list. Ib.

OMISSION TO MARK WITNESSES SWORN.-The omission of the foreman to mark on the indictment the names of the witnesses sworn and examined, is no ground for quashing the bill. The provision requiring this to be done is directory merely, and the state may show by proof that the witnesses were sworn. Hines, 84-810.

MOTION IN APT TIME-IF BEFORE PLEA.-Defendant having been arraigned and called on to answer the charge, his counsel suggested his insanity and inability to plead, the issue as to his in sanity was then submitted and the jury returned a verdict that he was insane, and he was removed to the asylum. Next day the court set the verdict aside and defendant was brought back, and the cause continued "without prejudice." At the next term defendant asked for an order of removal, which being refused he asked for a continuance, which was also refused. He then moved to quash the indictment on the ground that one of the grand jurors was disqualified when the bill was found by reason of his not having paid his taxes for the preceding year. The court ruled that the motion came too late: Held, that the motion was made in apt time, since the motion to remove was premature, no plea of not guilty having been made, and the continuance being "without prejudice," the legal rights of defendant remained as at first, Haywood, 94

847.

AMENDMENT.—The trial judge, in his discretion, may amend an order for a special renire so as to increase or decrease the number. Brogden, 111

656.

ALIENS, JURY DE MEDIETAS LINGUAE NOT ALLOWED.-An alien is not entitled to a jury de medietas linguæ in this state. Antonio, 11 (4 Hawks),

200.

COURT DECIDES AS TO QUALIFICATIONS-NO REVIEW.-The court is the judge of the qualifications of a juror, and its determination is not reviewable, and, in its discretion, it may permit a challenge by the state for cause after the juror has been tendered to defendant and before the jury is empaneled. Green, 95-611,

REVISING THE JURY LIST.-The fact that the county commissioners had not revised the jury box at the last September meeting, and that the boxes were not kept locked, but were kept in a place easily accessible to unauthorized persons, is no ground of challenge to the array, it not appearing that the boxes had been tampered with. Hensley, 94–1021.

The fact that one of the special venire was dead, and another had removed from the county, before the time when the commissioners should have revised the jury list, is no ground for challenge to the array. Ib.

The requirements of the statute as to the manner or time of drawing the jury being merely directory, an objection that the jury list was not revised when required will not be considered in the absence of proof of bad faith or

corruption on the part of the officers charged with that duty, or when it does not appear that the party objecting has been in some way prejudiced thereby. Smarr, 121-669.

VENIRE IN NO PARTICULAR CASE.—It is not necessary that it appear that the special venire was made in the case of the defendant, but it is sufficient if it was made at the term at which the trial was had. Murph, 60 (1 Winst.), 129.

STANDING ASIDE. The right to postpone showing cause and to stand jurors aside belongs exclusively to the state. Bone, 52 (7 Jones), 121.

The fact that the judge told the solicitor how many jurors he might stand aside or put to the foot of the panel, can not be assigned as error when no harm is shown to have resulted to the prisoner. Sloan, 97-499.

A reasonable number of jurors of any particular panel may, in a capital felony, at the instance of the state, be required to stand aside until all the other jurors of that panel shall have been called; but when all the others have been called, the prisoner has the right to have the jurors so stood aside tendered him, or challenged by the state, before another venire is summoned. Hensley, 94-1021.

WHEN THOSE STOOD ASIDE MUST BE TENDERED.-Where the original panel is exhausted before a jury is obtained, those of the original panel stood aside at the instance of the prosecution must be brought forward and challenged or tendered to the prisoner, before resort can be had to the special venire. Washington, 90—664.

BYSTANDERS WHO ARE.-Persons who are not bystanders in court may be summoned as talesmen, for when they come in they are bystanders. McDowell, 123-764.

VARIANCE IN NAME.-Where the name of a juror summoned is J L B, and his name is entered on the scroll as J S B, the variance is immaterial. Mills, 91-581.

MATTERS NOT MATERIAL TO JUROR'S COMPETENCY.-Where a juror on his voire dire states that he had said it would injure any attorney politically with certain persons to appear for the prisoner, he can not be required to give the names of those persons, since such matter is not material to the question of the juror's indifferency. Mills, 91—581.

SPECIAL VENIREMEN MUST BE FREEHOLDERS.-The only qualification required of jurors summoned on a special venire is that they shall be freeholders. Kilgore, 93—533.

A tales juror must have the same qualifications as a regular juror with the additional one of being a freeholder. Sherman, 115—773.

FREEHOLDER WHO IS.-A juror who holds a license to lay off an oyster and clam bed is not a freeholder. Young, 138–571.

IF OPPOSED TO CAPITAL PUNISHMENT INCOMPETENT.-A man who has conscientious scruples against capital punishment is an incompetent juror. Vick, 132-999.

FINDING OF COURT NOT REVIEWABLE.—The finding of the court that a Juror is indifferent is not reviewable on appeal. Register, 133-747.

A finding by the judge that a person drawn on the special venire is not a freeholder is conclusive on appeal. Register, 133-746.

PURGING LIST WITHOUT ADDING NEW NAMES.-Merely purging the jury list of the names of those who had not paid their taxes, without adding any new names thereto, does not vitiate the venire in the absence of bad faith or corruption on the part of the county commissioners. Dixon, 131-808.

DRAWN BY BOY OVER 10.-The fact that a special venire had been drawn by a boy over 10 years of age and that five of the venire had served as jurors

should have been taken advantage of by a challenge to the array, or a motion to quash the panel before the jury was sworn, and not by a motion in arrest of judgment. Parker, 132—1014.

OPPOSED TO CAPITAL PUNISHMENT.-Where a juror who has been passed by the state to the defendant voluntarily states that he is opposed to capital punishment, the court may stand the juror aside, and the prisoner can not object. Vick, 132-989.

NAMES OF JURORS STOOD ASIDE PUT BACK IN HAT.-It is not error, after the special venire is exhausted, to have the names of special veniremen who were stood aside put in the hat and drawn again instead of having them called in the order in which they were stood aside. Utley, 132-1022.

VOLUNTARY DRUNKENNESS OF JUROR.-The fact that the incapacity of a juror to serve is brought about by his own misconduct in drinking liquor does not affect the right of a trial judge to order a mistrial on account of such incapacity. Tyson, 138-629.

REQUIREMENTS TO BE OBSERVED. The statutory requirements concerning the drawing of a jury or a special venire should be strictly observed, though a failure to do so will not invalidate the panel in the absence of bad faith or corruption, or other adequate cause. Parker, 132-1015.

GOOD AND LAWFUL MEN DEFINED.-The term "good and lawful men" means freeholders. Glasgow, 4-176.

FOREMAN MAY EXCUSE FOR THE TERM.-The foreman has a right to excuse a grand juror from service for the term. Perry, 122-1022.

MINOR SERVING.-If a minor serves on the grand jury a plea in abatement would lie as to all bills in whose finding he took part. Perry, 122— 1021.

VERDICT VITIATED BY DRINKING.-If a juror drinks to such excess as to become disqualified this vitiates the verdict. Miller, 18 (1 D. & B.), 509.

POSTMASTER. A postmaster may be required to serve as a tales juror. Williams, 18 (1 D. & B.), 374.

TALESMEN.-Persons not in the court-house may be summoned as talesmen. Lamon, 10 (3 Hawks), 175.

The court may order any number of talesmen necessary. Lamon, 10 (3 Hawks), 175.

OFFICER TO WAIT ON GRAND JURY.-It is not necessary to the legal constitution of the grand jury that an officer should be appointed to wait on them. Perry, 44-334.

SHERIFF MAY ATTEND GRAND JURY.-The sheriff may attend and wait on the grand jury without being sworn as an officer to attend them. Perry, 44-334.

BACK OF BILL NOT SIGNED.-A certificate on the back of the bill of indictment not appearing to have been signed by the foreman of the grand jury is not ground for a motion to quash or in arrest of judgment, under Revisal, sec. 3254, unless it is shown that, in fact, the "witnesses marked X" had not been "sworn and examined." Long, 143-671.

JUROR ASKING WITNESS A QUESTION.-The validity of a trial can not be successfully objected to upon the ground that one of the jurors, in the sound legal discretion of the court, was permitted to ask a competent question of a witness who was then upon the stand giving testimony. Kendall, 143— 659.

ONE JUROR SEPARATED FROM OTHERS.-Where one juror, in a capital case, was allowed to pass by a number of persons and to eat his dinner a short distance from the other jurors, but he did not converse with any one, the prisoner has no cause of complaint. Baker, 63-276.

Sec. 551 (1977). Penalty for non-attendance, regular and tales.

Every person on the original venire summoned to appear as a juror, who shall fail to give his attendance until duly discharged, shall forfeit and pay for the use of the county the sum of twenty dollars, to be imposed by the court: Provided, that each delinquent juryman shall have until the next succeeding term to make his excuse for his non-attendance, and, if he shall render an excuse deemed sufficient by the court, he shall be discharged without costs. And every person summoned of the bystanders, who shall not appear and serve during the day as a juror, shall be fined in the sum of two dollars, unless he can show sufficient cause to the court; and the clerk shall forthwith issue an execution against the estate of the delinquent tales juror for such amercement and costs.

Code, ss. 1734, 405; R. C., c. 31, s. 30; 1779, c. 157, s. 4; 1783, c. 189; 1806, c. 694.

Sec. 552 (1978). Furnished with accommodations.

When any jury, impaneled to try any cause, shall be put in charge of an officer of the court, the said officer shall furnish said jury with such accommodation as the court may order, and the same shall be paid for by the party cast or by the county, under the order and in the discretion of the judge of said court.

Code, s. 1736; 1876-7, c. 173; 1889, c. 44.

Sec. 553 (1979). Exempt from civil arrest.

No sheriff or other officer shall arrest under civil process any juror during his attendance on or going to and returning from any court of record. All such service shall be void, and the defendant on motion shall be discharged.

Code, s. 1735; R. C., c. 31, s. 31; 1779, c. 157, s. 10.

Sec. 554 (1980). Exemptions from jury duty.

No practicing physician, licensed druggist, telegraph operator who is in the regular employ of any telegraph company or railroad company, train dispatcher who has the actual handling of either freight or passenger trains, regularly licensed pilot, regular minister of the gospel, officer or employee of a state hospital for the insane, or active member of a fire company, shall be required to serve as a juror.

Code, ss. 1723, 2269; 1901, c. 118; 1897, c. 32; 1889, c. 255; 1885, c. 289.

Sec. 555 (1981). Clerk to keep record of jurors.

The clerk of the superior court shall record alphabetically in a book kept for the purpose the names of all grand and petit jurors