State v. Brantley

The appellant was indicted for murder, and moved to quash the indictment on the ground that the grand jury was selected from a list containing less than the 300 names required by law (section 4 of Act No. 135 of 1898, as amended by Act No. 58 of 1904), to wit, that the jury list contained only 298 names, apparently a miscount, and that the 298 names represented only 287 persons, nine names having been duplicated and one repeated three times. The trial judge quashed the indictment, and the state appeals. There is no suggestion that the jury commissioners acted fraudulently or even purposely;…