Biggins v. State

MARTIN, Judge.

Offense assault to murder, penalty six years in the penitentiary.

Motion was made in the trial court to quash the indictment. We pass on this question without pausing to consider or decide whether such a matter can be thus raised. The bill of exceptions raising this point shows in substance the following: That at the regular September term, 1926, of the District Court of Ellis County, Honorable Tom Whipple was elected as special judge, which fact appears by a qualification to the bill of exception, accepted by appellant and by which he is bound. A grand jury appeared at the next…