
    [No. 2082.]
    W. J. alias W. T. Harrell alias Sam Pryor v. The State.
    Scire Facias—Ixdictmekt.—All process and proceedings, including a bail bond, based upon a void indictment, are themselves void. The indictment in this ease, having been presented by a so called grand jury, composed of more than twelve persons, was a nullity. The bail bond executed thereunder was, therefore, void, and can not support a judgment based thereon.
    Appeal from the District Court of Freestone. Tried below before the Hon. L. D. Bradley.
    This appeal is prosecuted from a judgment upon the forfeited appearance bond of W. J. alias W. T. Harrell • alias Sam Pryor, bailed under a pretended indictment charging him with cattle theft. The amount of the bond and judgment was two hundred dollars.
    
      Opinion delivered January 26, 1887.
    
      A. G-. Anderson, for the appellant.
    
      J. H. Burts, Assistant Attorney General, for the State.
   Willson, Judge.

This appeal is from a judgment final upon a forfeited bail bond. The bail bond was executed under a pretended indictment- which had been presented by a body of fourteen persons assuming to act as a grand jury. Such, pretended indictment was a nullity, and all process and proceedings thereunder were void. (Lott v. The State, 18 Texas Ct. App., 627; McNeese v. The State, 19 Texas Ct. App, 48; Swain and Turner v. The State, Id., 323; Williams v. The State, Id., 265.)

The judgment is reversed and the proceeding upon the bail bond is dismissed.

Reversed and dismissed.  