Williams v. State

At the November Term, 1871, of the Lincoln County *378Circuit Court, John C. 'Williams was tried for the murder of Toliver B,. Garret, and convicted of murder in the second degree, and sentenced to the Penitentiary for twenty years. His motions for a new trial and in arrest of judgment having been overruled: he has appealed to this Court.

The first error assigned is, that the judgment ought to have been arrested, because it appears upon the face of the indictment that the grand jurors were duly elected, “impounded,” sworn, &c., instead of being elected, “impanelled, sworn, &c. In the indictment,…