State v. Jones

In this case, a motion was made in the lower court, by the counsel for the defendant, to quash the indictment preferred against him, on the following grounds, to wit:]. Because twelve jurors did not concur in the finding of the indictment.

2.Because the indictment was not found by a competent grand jury, there being persons on the jury not qualified and competent, according to law.

The motion was sustained, and the indictment quashed; and from this judgment, the district attorney has taken an appeal to this court.

It satisfactorily appears, from the evidence taken on the trial of the motion,…