Ralls v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

For the first time on motion for a rehearing herein, appellant brings forth an allegation that the grand jury which returned the indictment against him was an illegal grand jury consisting of thirteen men, and therefore he moves this court to grant his motion for a rehearing and quash the indictment in this cause.

There appears in the record that which purports to be the order of the trial court entitled “grand jury empanelled” which reads as follows:

*150“On this the 2nd day of September, A. D. 1946, the Court proceeded to empanel the Grand Jury, and the…