Henning v. State

The appellant prosecutes this appeal from a judgment declaring him guilty of murder in the first degree, and adjudging that he suffer the penalty of death.

Relying upon recitals made by the clerk, the appellant’s counsel assumes that the grand jury by whom the indictment was found were not legally selected, and that the record properly presents this question. This assumption can not be maintained. The indictment on its face asserts that the grand jury were duly empanelled, and the record shows that the indictment was returned into open court, and that a bench warrant for the arrest of the…