State v. Newer

— This was a prosecution against a licensed grocery keeper for selling spirituous liquor to an intoxicated person. The indictment was found at the September term, *3081841, of the Fountain Circuit Court. The defendant pleaded in abatement, that the grand jurors, who found the indictment, were selected by the board of commissioners of Fountain county on the sixth day of May, 1841; and that they were not authorized by law to make such selection, or do any other county business, on that day. Demurrer to the plea overruled, and the indictment quashed.

S. C. Willson, for the state.

By the law in…