Simms v. State

BERRY, Judge.

The offense is gambling, the punishment is a fine of $20.

Before announcement of ready, appellant filed a motion to quash the indictment. The ground of the motion among other things being that the grand jury that returned the indictment was not selected by a jury commission appointed prior to the term of court at which the indictment was found.

The record shows that the court heard evidence on this motion. The sheriff of Throckmorton County was called as a witness on this motion and his testimony is in the record without contradiction, and is to the effect that at the November term…