State v. Thomas

On Rehearing.

O’NIELL, J.

[6] The rehearing granted in this case was restricted to the motion to quash the indictment. The motion was based upon the allegation that one of the members of the jury commission that drew the grand jury that indicted the defendant had not taken the oath required by law, and that the grand jury was therefore not legally constituted. In the original opinion rendered in this ease, it was said that the motion to quash the indictment, being an objection to the manner of drawing the grand jury, and having been filed after the first day of the term of the district court,…