Dowdy v. State

The prosecution in this case was predicated upon a purported indictment, which attempted to charge this appellant with a misdemeanor, to wit, an assault with a weapon. He was tried and convicted by the jury of an “attempt to assault with a weapon,” his fine being fixed at $10.

The indictment does not show authentication as provided by Code 1907, § 7300 (Code 1923, § 8682), which reads: “The concurrence of at least twelve grand jurors is necessary to find an indictment; and when so found it must be indorsed ‘a true bill,’ and the indorsement signed by the foreman.”

For the failure of the…