In re the Grand Jury Duly Impaneled & Sworn in & for the Circuit Court

OPINION OP THE COURT' BT

HARTWELL, C.J.

The grand jury for the 1910 term of the first circuit court presented to the first judge an indictment of James L. Holt for embezzlement, which was filed February 17. Upon arraignment, February 21, his plea was reserved for February 26. On March 5, no plea having been taken and the case having been assigned to the third judge, the defendant moved to quash the indictment on the grounds that five who voted for the indictment had been unlawfully summoned as grand jurors and that, as he was informed and believed, there were “but twelve votes cast in favor of…