State v. Fidler

The defendant James Thurman has filed a plea in abatement to the indictment in this case, on the ground that the grand jury which found said indictment was not legally selected. The illegality assigned is that two of the jurors, namely, John J. Kenyon and John F. Fry, who were drawn from the town of Richmond, were not selected, from the list of jurors drawn from said town, in the order in which their names appeared on said list as required by statute ; and hence the plea alleges that the indictment is void and should be quashed.

The State has demurred to said plea, first, on the ground of…