State v. Murray

The opinion of the court was delivered by

McBnery, J.

The accused was indicted for murder, convicted of manslaughter and sentenced to hard labor for twenty years.

Two grounds were presented for quashing the indictment; (1) that the jury commissioners who drew the venire were appointed out of term time; and, (2) that their appointment was not spread upon the minutes during the session of the court.

It is urged that the appointment of commissioners is a judicial act which could only be performed by the judge in open court. It may be, as contended, a judicial act, but it is not one required to be…