Sumrall v. State

Handy, J.:

This was an indictment in the Perry,circuit court, against the plaintiffs in error for an affray.

*804The defendants below pleaded in abatement, that one of the grand jurors, who was a member of the grand jury which found the indictment at May term, 1854, was not drawn from a list of the names of persons in the county liable to serve as jurors taken and returned by the assessor within one year next preceding the finding of the indictment, as required by the act of December 16, 1830; nor was said juror drawn in any other mode authorized by law.

Upon this plea issue was taken, and it was…