Corse

Motion is made to set aside tills indictment, on the ground of informality in the drawing of the grand jury. It not appearing that the defendant was held to answer before the finding of the indictment, he may move to set it aside on any ground which would have been good cause for challenge, either to the panel or to any Individual grand juror. C. Laws, p. 458, § 279.

By the minutes and records of the court of sessions, it appears that but forty-eight names were copied from the assessment roll from which the grand jury that presented this indictment were drawn, and the list of the names placed in the box, and those drawn, is signed only by the county judge, when our statute (C. Laws, p. 353, § 5) requires that fifty names shall he placed in the box, from which the county clerk, in the presence of the county judge and sheriff, shall draw the names of twenty-four persons, to serve as grand jurors, and that a correct list of the names placed in the box, and those drawn, shall be kept, and certified by the judge, clerk, and sheriff, and filed in the clerk’s office.

In drawing the grand jury the essential requirements of the act have not been complied with; fifty names should have…