Cole v. State

The defendant was indicted for murder and convicted of involuntary manslaughter in the commission of an unlawful act. He moved for a new trial, and to the overruling of his motion he excepted.

1. The defendant filed a demurrer and a plea in abatement, both of which sought to attack the indictment on the ground that '•“certain persons who found the bill against the defendant were not persons who had their names in the grand jury box and on the list of the grand jurors of this county, namely, J. W. Carrington, H. E. Eaniday, and E. P. Auston, and without their names there were only 17 grand…