Kilpatrick v. State

The indictment against the prisoner was returned on June 4, 1923, by a grand jury which had been duly organized prior to February 26, 1923, and on the last-named day had been recessed subject to the order of the court. By an order spread upon the minutes of the court, the previously organized grand jury were called into session on June 4th, and on that day, as we have noted, returned the indictment in this cause. The proceeding thus shown was in accord with the statute (section 8665 of the Code of 1923), and was free from error.

Defendant was on trial for the killing of John L. Knox. The…