State v. Kovolosky

*4991 *498I. The indictment is assailed, and the facts relied upon to set it aside are as follows: Cato Sells was the county attorney for Benton county, *499and tendered Ms resignation to the board of supervisors of that county, which accepted it, and appointed to the vacancy one Matt Graasch. Graasch, before his appointment, and before the case was presented to the .grand jury, had so acted as counsel for defendant that he felt disqualified to act in this. particular case, and Sells was appointed by the court to act in his stead. Sells was before the grand jury during its investigation of the case, as…