
    BRANNAN v. STATE.
    (No. 5725.)
    (Court of Criminal Appeals of Texas.
    March 24, 1920.)
    Indictment and information &wkey;>10 — Indictment PREFERRED BY ILLEGAL GRAND JURY VOID.
    Where purported indictment was preferred by an illegal grand jury, that had been impaneled and was acting without authority of law, the prosecution will be dismissed for want of a legal indictment; the act of such illegal grand jury being void.
    Appeal from Hill County Court; R. T. Bums, Judge.
    Hub Brannan was convicted for misdemeanor theft, and he appeals.
    Reversed, and prosecution ordered dismissed.
    Dupree & Crenshaw, of Hillsboro, for appellant.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

This conviction was for misdemeanor theft. There are several questions presented in the record, but these are not discussed, for the reason that the judgment must be reversed, and the prosecution dismissed, because of want of a legal indictment.

There is in the record what purports to be an indictment preferred by the grand jury, but the facts show that the grand jury so presenting it was an illegal one, one impaneled and acting without authority of law. It would serve no useful purpose to repeat the facts and circumstances which constituted the grand jury an illegal one, and their act void. These matters have all been fully stated, and the whole matter reviewed, in Wright v. State, 217 S. W. 152. Wright was indicted by the same grand jury as was appellant, and under the same circumstances. In Wright’s Case, the whole matter was reviewed, and the authorities discussed. We find no reason to change the views there expressed, and those previously decided, which form the basis of the Wright opinion.

Under the authority of Wright v. State, supra, this judgment will be reversed, and the prosecution ordered dismissed.  