Show jury of eight the state rule of eight jurors hag been held by the state supreme court in the murder case of the state vs georga bates tried by judge street at thoele tooele chief justice zane handed down an opinion in supreme court thursday in the case of the state against george appellant the judgment 0 the lower court is affirmed and the opinion is concurred in by associate justices miner and bartch bates was tried on an indictment indi clment charging him with the murder of john by striking him upon the head with a pole of wood he was tried before judge street in thoele tooele county on april and convicted by a iury of eight men the latter fact is assigned as error in the trial the defendant contending for a trial by a jury consisting ol 01 twelve citizens alleging thab the trial by the lesser jury was contrary ution which declares that no per bon shall he deprived of life liberty or property without due process of law in bee 10 of the bbate constitution it says in courts of general c tion except in capital cases a jury shall consist of eight jurors also in article 6 of the federal constitution it is stipulated tad that in all criminal prosecutions the accused shall enjoy the right to a trial by an impartial jury of the state and district wherein the crime shall have been committed mit ted on the jury question chief justice zane says to hold that the authors of the state constitution intended by the use of the phrase dw process of law to require a jury of twelve jurors in all cases would be to say in effect that they intended to create a repugnancy in that instrument the lules of construction of constitutional law as well as statute law requires that bolh sections shall be allowed to stand and effect be given to each we are oi the opinion that they can both stand together and that no conflict was intended ko error is found in the of the lower court and the judgment is therefore affirmed |