Tidwell v. State

HARWOOD, Judge.

This appeal results from appellant’s conviction under an indictment charging him with the larceny of two cows, the property of Darwin Levert.

The appellant timely filed a motion to quash the indictment on the ground that Darwin Levert, the owner of the property alleged to have been stolen, was a member of the grand jury returning the indictment.

In this connection Mr. Levert testified that he was a member of the grand jury returning the indictment, and was the owner of the cows alleged in the indictment to have been stolen. However, he further testified that he was not present at…