State v. Melton
State v. Melton
Opinion of the Court
On an information filed by the prosecuting attorney of Stone county, stating that local option had been adopted and was in force in said county, and that defendant had violated said law by unlawfully selling one quart of whiskey, defendant was put upon trial to a jury, who found him guilty as charged. Tbe county court, in compliance with sections 3769, 3770, Revised Statutes 1899, drew a panel of petit jurors for service at the term of the circuit court at which defendant was tried, which panel was certified to the clerk of the circuit court by the clerk of the county court. Prom this panel were drawn the jurors who found the verdict against defendant. Before the jurors were called and qualified, defendant moved to quash the panel, on the ground that the names of the persons put in the hat to be drawn as jurors were not selected by the judges of the county court, but by the prosecuting attorney of the county; and also that some of the names on the panel were drawn from the hat by an unauthorized person. In support of the motion, defendant offered evidence showing that the prosecuting attorney was present during all the time the jurors were being drawn; that on two occasions he stepped aside with a judge of the-county court and was consulted as to the character and qualifications of some of the persons whom the judge had selected for jurors, and that several persons named by the judge were discussed with the prosecuting attorney before their names were put in the hat, but the evidence does not show that the prosecuting attorney suggested the name of a single person to any one of the judges as a proper person for a juror, or that any name was erased from the list selected by the court or any one.
The proof showed that local option was adopted in Stone county in September, 1905, and that the- result of the election was published as required by the statute. On the merits, the evidence shows that one A. Hodges, defendant and others were in an office at Crane in Stone county, and the question of getting some whisky came up. Defendant remarked he generally got his at Branson. Hodges said, “I wish I could get some one to get me some,” and asked defendant if he could get it. Defendant replied that he could. Hodges gave him a dollar and defendant disappeared and in about twenty or thirty minutes a bottle of whiskey was found on a table in the office. Defendant kept the dollar. Defendant swore he purchased the whisky of another person, and introduced a witness who swore he saw defendant buy a quart of whisky but refused to disclose the name of the seller on the ground that it would incriminate him (the witness). Defendant demurred to the evi
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.