State v. Ross

McCALEB, Justice.

Appellant was tried for murder and found guilty without capital punishment. Since the lodging of his appeal, he has filed a motion to remand the matter because the minutes of the court, dated October 3, 1949 (as exhibited by the transcript), disclose that, whereas the grand jury, which returned the indictment, was composed of a foreman and 11 other jurors, there are only the names of 10 jurors, exclusive of the foreman, listed therein.

The State resists the remand and has furnished a certified copy of the minutes of the court of October 3, 1949, identical in wording with the…