United States v. Mitchell

BELLINGER, District Judge.

The defendant pleads to the indictment that the grand jury returning the same was not regularly organized or impaneled, but was irregular and void, by reason of the fact that upon the impaneling of the jury on October 18,. 1904, it included W. E. Robertson and Carl Phelps, who were qualified and lawful jurors; that on October 19th Robertson was excused for the term by order of the court, without cause, and on: January 27th following Carl Phelps was, by order of the court,, excused, although he had been taking part in the investigation} of this charge; that one George…