Ex Parte Holland

MORROW, Presiding Judge.

—Relator is under indictment for robbery. He claims that the indictment was returned by an allegal grand jury. It was not selected by a jury commission, but by the sherff under a writ issued under authority of the court at a special term.

The statute declares that the district judge, at each term of the District Court, shall appoint jury commissioners who shall select sixteen persons to be summoned as grand jurors for the next term of the district court, and says that: “If, for any cause, there should be a failure to select and summon a grand jury, as herein directed, .…