Hopkins v. State

The petition in error filed in this case contains 15 specifications or assignments. The first is to the action of the court in overruling the motion to quash the indictment, and in not permitting the defendant to offer proof in support of the motion. The motion is to the effect that the grand jury which returned the indictment in this case was composed of only 12 men, and that in impaneling the grand jury the court in its general instructions advised the grand jury that an indictment in any case might be returned on the concurrence of 9 of the jurors. The homicide in this case was committed…