Oliver v. State

THOMAS, Justice.

The defendant was indicted and convicted of murder in the first degree.

From the verdict and judgment of murder in the first degree imposing the death penalty, the appeal is taken.

It appears from the record proper that defendant was arraigned on January 18, 1935, and filed his motion to quash the indictment on the ground that it was returned by the grand jury which was impaneled on September 3, 1934. The motion alleged that the regular grand jury was discharged by calling a special session of court for that county on December 13, 1934, at which the true bill was returned.

The…