Stuart

delivered the opinion of the Court.

The appellant was indicted for murder by the Grand Jury of Trinity County, and the indictment was transmitted by the Clerk of the Court of Sessions to the District Court for said county. In the District Court, the defendant moved to set aside the indictment:

1st.. Because the grand jury had no other proof before them, except the depositions of the witnesses taken by the Committing Magistrate, the witnesses themselves being within the county, but not having been called before the grand jury.

2d. Because the grand jury was not drawn and summoned at a regular session of the Court of Sessions, nor was any notice given of such drawing.

The Court overruled the motion and the defendant excepted.

No regular panel, fon a trial jury having bean drawn and *225 summoned, as required by law, for that term, tbe Court ordered thirty-six jurors to be summoned, wbieb was done, and twenty-seven of them appearing, tbe Court caused tbeir names to be placed in a box, of which twelve were drawn, to constitute tbe trial jury. Tbe defendant challenged tbe whole panel, on tbe ground that tbe Court bad no power:

1st. To cause a jury to be summoned under tbe…