Rainey v. State

Citations

• 19 Tex. Ct. App. 479
• 1885 Tex. Crim. App. LEXIS 227

Syllabus

<p>1. Constitutional Law — Grand Jury—Case Approved.—A constitutional grand jury of this State, such as alone is competent to return a valid indictment, is composed of the exact number of twelve persons. See the opinion in extenso for the subject discussed and elaborated, and note the approval of the decision in the case of Lott v. The State, 18 Texas Ct. App., 627.</p> <p>2. Same — Practice.— Note the approval of the rule laid down in Lott’s case, supra, to the effect that, notwithstanding the failure of the Code to authorize a motion tp quash an indictment upon the ground of such illegal organization of the grand jury which presented it, objection either by motion to quash or in arrest of judgment is available as against the indictment.</p> <p>3. Same.— Challenge to the Array of the grand jury upon the ground that it'was composed of another than the constitutional number of twelve persons is not authorized by article 377 of the Code of Procedure; when independently construed, nor when construed in connection with articles 378, 380 and 381; ’ Indeed, in view of the constitutional provision restricting the member- - ship-of the grand jury to twelve persons, it is beyond the power of the Legislature to enact a law requiring such a challenge, inasmuch as one accused of a felony can only be held to answer to an “ indictment ” (Bill of Bights, section 10), and an indictment can only be presented by á constitutional grand jury. See the opinion in extenso on the question.</p> <p>4. Same.— It is insisted in behalf of the State that the objection to the indictment, being raised for the first time in this court, comes too late. Held, that the position is not well taken. No objection can come too late which discloses that a person has been put to answer for crime in a manner violative of his legal and constitutional rights. A valid indictment is an indispensable prerequisite to a legal prosecution for a felony, and if it be affirmatively disclosed by the record that the prete