
    No. 268.
    The State of Louisiana vs. Ed. Oliver.
    otion to quash indictment on ground that clerk had not been sworn as jury commissioner, made after arraignment but before trial, will be held seasonable if proved that the defect was not known to accused or his counsel before arraignment and was urged as soon as discovered.
    PPEAL from the Second District Oourt, Parish of Webster. Boone, J.
    
    
      J. Henry Shepherd, District Attorney, for the State, Appellant.
    
      Drew & Stewart for Defendant and Appellee.
   The opinion of the court was delivered by

Fenner, J.

This case involves the same question passed on in the case of State vs. Hinson & Martin, just decided.

The only difference in the facts is that, in this case, the defendant had been arraigned and had pleaded at the February term, and, immediately after pleading, had applied for and obtained a continuance to the September term. On the first day of the latter term he filed the motion to quash, accompanied by full proof that the defect was only discovered by him or his counsel immediately before that date.

The difference is insignificant, and does not remove his case from the protection of our decision in Strickland’s ease, 41 An. 513, in which the motion to quash was also filed after arraignment and plea.

Judgment affirmed.  