Commonwealth v. Pullan

delivered tiie opinion oe tiie court:

Appellee was indicted in the Graves circuit court for a breach of the peace, and at a subsequent term of the court moved to set aside the indictment on account of a substantial error in the formation of the grand jury, which motion was sustained, and the indictment dismissed, because, in the language of the judgment, the order empanneling the grand jury does not state that they were sworn.

There is copied in the record the order of the court at the May term, 1866, thereof, empanneling the grand jury who found the indictment, in which it is stated, “the…