Miller v. State

Mabry, J.:

Plaintiff in error was indicted for embezzlement at the Fall term, 1897, of the Circuit Court of Calhoun county, and was convicted on one of the counts in the indictment at the Spring term of the court, 1899. Before pleading not guilty to the indictment the defendant interposed pleas, in substance, as follows: That an attorney and counselor of the court, giving name, being the retained private counsel of one H. B. Gaskin, in the indictment named, was before the grand jury and pres*268ent with the grand jury which found the indictment during the examination of evidence and their…