Jones v. State

DAVIDSON, Judge.

Appellant, having been arrested for murder, was placed in jail, where be remained until be was placed upon bis trial. Tbe list of tbe names of tbe veniremen summoned to try tbe case was not served upon him. When bis case was called for trial be requested that such service be bad, but was.refused. Exception was reserved, tbe trial ensued, and tbe death penalty was assessed.

Tbe statute provides, that “no defendant in a capital case shall be brought to trial until be has bad one day’s service of a copy of tbe names of persons summoned under a special venire facias, except where be waives tbe right, or is on bail.” Code Crim. Proc., art. 617. Tbe terms of tbe statute have been held, and we think correctly, to be mandatory. They guarantee to tbe accused a valuable right, of which be can not be deprived except by bis consent. Kellum v. Tbe State, ante, p. 82.

It is no sufficient answer to this that defendant “could not read writing,” and that tbe venire was served upon bis counsel. The defendant is entitled to service of such list of veniremen unless be waive it or is on bail.

¥e find no other errors in tbe record requiring a reversal.

For tbe error indicated, tbe judgment is reversed and cause remanded.

jReversed and remanded.

Judges all present and concurring.