Smith v. State

Eishee, J. :

The defendant in the court below pleaded in abatement to the indictment, that the grand jury were not sworn according to the provisions of the act of 1830 (Hutch. Code, 887), to which the district attorney replied that they were sworn according to the provisions of the act of 1822, setting out the form of the oath. To this replication the defendant demurred; which demurrer being overruled, the defendant filed a rejoinder to the replication, upon which issue was taken and the cause submitted to a jury, who returned a verdict in favor of the state, that is to say, that the grand…