Mahl v. State

Citations

• 1 Tex. Ct. App. 127

Syllabus

<p>1. Grand Jury.—In abatement of the indictment appellant pleaded that twelve of the grand jurors who found the indictment were unable to speak or understand the English language. On motion of the district attorney the plea was stricken out. Held, that the ruling was not error. Article 401 of the Code of Criminal Procedure (Pase. Dig., Art. 2868) provides that “no objection shall be had by motion, plea, exception, or in any other manner, to an indictment on the ground that the grand jury finding the same was not legally constituted.”</p> <p>•2. Practice nr this Court.—Without a statement of facts this court will consider the sufficiency of the indictment, but will not revise the instructions given or refused by the court below.</p>