
    Commonwealth v. John M. Phipps.
    Grand Jury — Qualification—Civil Officer — Processioner Disqualified.
    A processioner of land is a civil officer and is therefore disqualified to sit on a grand jury.
    APPEAL FROM MAGOFFIN CIRCUIT COURT.
    June 4, 1872.
    
      Attorney-General, for appellant.
    
   Opinion by

Judge Lindsay:

One of the reasons for which an indictment may be set aside is a substantial error in the summoning or formation of the grand jury. Criminal Code, Section 159.

Section 1, Article 1, Chapter 55, Revised Statutes, provides that a civil officer shall not be competent to serve upon a grand jury.

A processioner of lands is a civil officer. R. S., Chapter 60, Section 2.

As one of the grand jurors finding the indictment in this case was a processioner of lands, the court did not err in setting said indictment aside.

Judgment affirmed.  