Wyres v. State

HARWOOD, Judge.

This appellant was indicted for murder in the first degree. He was by a jury found guilty of murder in the second degree and his punishment fixed at imprisonment in the State penitentiary for a term of ten years.

In the proceedings below the appellant filed a plea in abatement to the indictment, assigning some twelve grounds in support of the plea and its amendment.

Ground 4, and ground 1 in support of the amended plea, set forth that the grand jury was not drawn in the presence-of the circuit clerk, as provided by law, but in the presence of a deputy circuit clerk.

A deputy clerk…