Garrett v. State

HARPER, Judge.

Appellant was indicted, tried and convicted of the offense of rape, his punishment being assessed at five years confinement in the penitentiary.

There is no statement of facts accompanying the record, and in the record there is but one bill of exceptions. In this bill appellant insists that the indictment is void, because not presented by a legal grand jury. It appears from the record that Judge Martin ordered the jury commissioners, at the previous term of court, to draw only twelve grand jurymen; it further appears that at the term of court at which appellant was indicted only…