State v. Pate

The opinion of the Court was delivered by

Poche, J.

This appeal, which was taken from a conviction of manslaughter under an indictment for murder, presents but one point for review.

Before trial the accused moved to quash the indictment on the ground that the Grand Jury which had presented it had not been legally organized.

The alleged illegality is drawn from the following incident: On the 3d day of February, 1888, the judge issued a written order to adjourn the regularterm of the court, which had been fixed aceording to law for the first Monday, to the second Monday of that month, and to…