
    SAULTER v. STATE.
    (No. 6927.)
    (Court of Criminal Appeals of Texas.
    June 7, 1922.)
    Grand jury Selection in manner other than that provided by statute illegal.
    A grand jury, not selected by a jury commission appointed and acting at the preceding term, as provided by Code Cr. Proc. 1911, tit. 7, c. 1, Or by direction of tbe court to the sheriff on the first day of the term to summon, grand jurors, as provided by article 399, is illegally organized.
    Appeal from District Court, Wichita County; E-. W. Napier, Judge.
    M. S. Saulter, alias (3. J. Holt, alias G. J. Haskell, was convicted of forgery, and he appeals.
    Reversed and dismissed.
    Davenport & Thornton, of Wichita Falls, for appellant.
    W. A. Keeling, Atty. Gen., and C. L. Stone and R. G. Storey, Asst. Attys. Gen., for the State.
   DATTIMORE, J.

This conviction was for forgery in the district court of Wichita county, with punishment of five years in the penitentiary affixed.

The indictment herein was returned by a grand jury, which was selected according to neither method provided by chapter 1, title 7, of our Code of Criminal Procedure, but in apparent disregard of the plain direction of said statute. A motion to quash, based on said ground, was overruled. The matter is fully discussed in Russell v. State (No. 6923) 242 S. W. 240, this day decided.

For the reasons given in the Russell Case, we are of opinion the trial court erred in overruling the motion to quash the indictment, and that same necessitates a reversal and dismissal of this ease; and it is so ordered.  