DENSON, J. The defendant was tried on an indictment which charges murder in the first degree, a capital offense. § 5004 of the code of 1806 provides that: “When any capital case or cases stand for trial, the court shall at least one day before .the same is set for trial, cause the box containing the names of jurors to be brought into the courtroom, and after having the same well shaken, the presiding judge shall then and there p…
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