Jaramillo v. State

GRAVES, Judge.

Appellant was convicted of an assault to murder without malice and assessed a penalty of three years in the penitentiary, and he appeals.

Appellant complains because of the fact, as he alleges, that the indictment herein was found by an illegal grand jury in that one, Floyd McNeill, a member thereof, was not drawn by the jury commissioners appointed for such purpose by the district judge. This bill is qualified by the court and' such qualification shows that only eleven prospective grand jurors appeared at the time of the empaneling of the grand jury; that thereupon the trial…