Evans v. State

Tbe Penal Code, § 812, provides that “a grand jury shall consist of not less than eighteen nor more than twenty-three persons.” The body that originally acted on the indictment in this case, being composed of twenty-four grand jurors, was therefore not a legal grand jury. The accused, however, had been previously apprised of the fact that the charge against him would undergo investigation by the grand jury, for he had been arrested on a warrant for the offense and had given bond for his appearance; and he could have ascertained, by examination of the minutes of the court or otherwise, that a…