Warren v. State

LATTIMORE, Judge.

Conviction for murder; punishment, death.

We are confronted on the threshold of our consideration of this case by the confession of the State’s attorney with this court of error in the formation of the grand jury.

The indictment upon which the trial was had was returned on January 2, 1934, into the special district court for Smith and Upshur Counties, holding session in Smith County, Texas. From the record we learn that an order was made by the judge of said court on January 1, 1934, and duly entered in the minutes, the substance of which was that no grand jury had thehetofore…