Kelley v. State

John Kelley was indicted for the murder of Richard Herron. He answered the indictment by a plea in abatement, the substance of which is, that the grand jury which presented the indictment was selected by the board of commissioners of the county, on the 6th day of March, *3121876, and that the term of court for which it served, and at which the indictment was presented, commenced on the 28th day of February, 1876. It is contended by the appellant, that, as the act under which the grand jury was selected (2. Rev. Stat. of 1876, p. 417) provides that the persons so chosen “shall constitute the…