State v. Smith

BRETT, Presiding Judge.

This is an appeal on a reserved question of law by the State of Oklahoma to a ruling of the Honorable A. L. Commons, specially assigned District Judge, sustaining the defendant’s motion to quash the indictment returned by a grand jury of the defendant, Tom Smith. The motion to quash was sustained on the proposition that Mr. E. L. Murrell, who qualified for grand jury service, was in fact a deputy sheriff of Seminole County on Sheriff Bill Nicholson’s staff, and therefore not eligible under the law to serve. 38 O.S.1951 § 28. Simply stated, the question presented to us…