Murray

The defendant was charged, tried, and convicted of the crime of murder, and sentenced to be hanged. He moved for a new trial, his motion was denied, and he appeals. The first error complained of relates to the selection of a jury. On the thirtieth day of September, 1889, the court below made the following order:—

The clerk issued a venire in accordance with this order, and the same was placed in the hands of the sheriff, who made return that he had duly summoned the number of jurors required, giving the names of those summoned. Afterwards, on the seventh day of October, 1889, the case of People v. Tower, charged with the crime of an assault with a deadly weapon, came on for trial, and the jurors, selected as above, were called, and a jury of their number impaneled, who tried the cause, and returned a verdict of guilty of a simple assault. Again, on the fourteenth day of October, 1889, the case of People v. Chapo was called for trial. The jurors, above mentioned, appeared for duty in said cause, whereupon the district attorney moved the court to discharge from further duty as jurors the persons who had served as jurors in the case of People v. Tower. The bill of exceptions shows…