In re McElroy

The opinion of the court was delivered by

Milton, J.:

Petitioner was arrested under a warrant following an indictment charging violations of the prohibitory law, and now asks a discharge from the custody of the sheriff of Allen county by this proceeding in habeas corpus, for the following reasons :(1) That the names of four of the grand jurors who found the indictment, during the November, 1898, term of the district court of Allen county did not appear on the assessment rolls of the year 1897 in said county, the same being the year preceding the calling of the grand jury; (2) that one of the…