Burrell v. State

McBride, J. —

The appellant was convicted of an assault and battery with intent to kill. He insists that the judgment of conviction is erroneous, upon several grounds. His first contention is, that the grand jury which indicted him was illegally selected and empanelled. This question he raised by a plea in abatement, to which the circuit court sustained a demurrer. The record shows that six grand jurors were regularly drawn by the clerk and jury commis*292sioner, but that only three of them appeared, one of whom was excused. The reason for his excuse is not shown by the record. The number…