State v. Fellows

In these three cases a grand- jury of Pennington county returned indictments against. defendant on account of *482transactions with the Dacotah Packing Company. He had not been held to answer prior to the finding of the indictment. After arraignment and before plea he moved to quash the indictment for that, among other things, notice in writing had not been served on the sheriff’ of the meeting of the officers to draw the grand jury or any jury. The trial court sustained the motion and quashed the indictments. The State appeals.

Section 4762, Rev. Code 1919, provides that the indictment must -be…