Trinkle v. State

McCORD, Judge.

Under an indictment returned in the District Court of Upshur County, charging the appellant with making a sale of liquor in violation of the local option law, the indictment being transferred to the County Court, upon trial, appellant was convicted and his punishment assessed at a fine of $25 and twenty days imprisonment in the county jail.

Motion was made in the court below to quash the indictment because C. A. Green was a member of the grand jury and the foreman thereof, which returned this bill, and who was at that time a duly qualified deputy sheriff of said Upshur County.…