Pena v. State

The showing made in bill of exception number one is sufficient to bring appellant within the purview of the law permitting an attack to be made on the indictment at the time and in the manner here appearing.

So far as the legal question is concerned it is entirely immaterial that one set of jury commissioners was appointed by a special judge, and that the orders setting aside the work performed by them were made by the regular judge and that other jury commissioners were then appointed by him. All of these matters occurred at the same term of court. The point presented seems really to turn…