State v. Tolett

O’NIELL, O. J.

The. appellants, Boris Tolett and E. L. Patterson, stand convicted of murder and sentenced to be banged. They rely upon three bills of exception, all relating to one and the same complaint; that is, that, when the grand jury was called in special session and found and returned the indictment, one of the grand jurors had left the state permanently and was then a citizen of another state, and that there were therefore only eleven qualified members of the grand jury. The grand juror referred to as having become a resident of another state was not present at the session at which the…