Wesley v. State

Crawford, Justice.

The plaintiff in error, who was convicted of rape at the November adjourned term, 1879, °f Cobb superior court, and to whom a new trial was refused, comes before us and says that the judgment of the court below was illegal because—

1. The grand jury finding the bill of indictment was not drawn according to law.

2. The court should have quashed the indictment on the ground that it read, “the grand jurors sworn, chosen and selected,” instead of “selected, chosen and sworn.”

3. One of the jurors, after having qualified himself and been sworn in chief, was permitted, on motion of…