English v. State

Mabry, J.:

The plaintiff in error was indicted, tried and convicted during the Pall term, A. D. 1892, of the Circuit Court for Brevard county, of the crime of murder in the first degree, and the sentence of death passed upon him.

To the indictment the accused filed a plea in abatement alleging that he “ought not to be held to answer-*343the indictment herein found against him, for that the body presenting said indictment is not such a grand jury as is required by Sectiou 10 of the Declaration of Rights in the Constitution of Florida, to indict for felonies, in that any eight persons of said jury…