Denning v. State

delivered the opinion of the Court.. At the term of the court at which the indictment in this case was preferred, after the grand jury had been empanneled, and engaged in the discharge of their duties, the court upon the application of two of the grand jurors, to be excused from fur-' ther service on the grand jury, discharged them that they might attend to their private business.

The appellant interposed such discharge as a defence to the indictment, by two pleas in abatement, alleging that the said jurors were not discharged because they stood charged before their fellows with any crime or…