State v. Saba

ROGERS, Justice.

The defendant, Milton Saba, is appealing from his conviction and sentence for the offense of striking with a dangerous weapon with intent to kill. His complaint is that the indictment under which he was convicted and sentenced is a nullity because the names of the members composing the grand jury that returned the indictment were drawn from an open cigar box and not from the envelope in which they were originally contained. The complaint was raised in motions for a new trial to which is annexed a motion to quash and in arrest of judgment, which were overruled.' Defendant…