Roby v. State

Jackson, Chief Justice.

[Roby was indicted for arson. He filed a plea in abatement, based on two grounds:

*813(1.) Because two of the persons who acted as commissioners in drawing the grand jury who found the bill of indictment were not legal commissioners, their terms having expired.'

(2.) Because the ordinary did not participate in selecting the grand jury.

The judge certified that on the hearing óf this plea, the following admissions were made:

“ It was admitted on the trial that the jury commissioners, who revised the jury lists and drew the jury for this term of the court, had been regularly…