Upon the trial either party shall be entitled to a jury, and if the cause be tried in the Supreme Court of the state the jury shall be drawn and impaneled in the manner now provided by law for drawing and impaneling juries in the Supreme Court of the state, provided, that not more than two jurors from the same county shall serve thereon, and provided further, that in the event of the acquittal of the accused all the costs of the action shall be taxed against the state.
Added by Laws 1917, c. 205, p. 383, § 13, emerg. eff. Feb. 19, 1917.