Smith v. State

HARPER, Judge.

Appellant was convicted of murder and his punishment assessed at imprisonment in the- penitentiary for life.

No bills of exception and no evidence accompany the record. Appellant filed a motion to abate the indictment, on the ground that one member of the grand jury returning the indictment was not a citizen of DeWitt County, and, therefore, a person unauthorized by law was present when the indictment was being considered and voted on. A contest of this issue was filed by the district attorney; evidence was heard by the court, and he finds that R. J. Poth was a citizen of DeWitt…