
    RIDDLE v. STATE.
    (No. 6596.)
    (Court of Criminal Appeals of Texas.
    Jan. 11, 1922.)
    Grand Jury <@=>5 — Indictment by grand jury including women is illegal.
    A conviction under an indictment returned by an illegal grand jury, composed of ten men and two women, will be reversed, and the prosecution dismissed.
    Appeal from District Court, McLennan County; Richard I. Munroe, Judge.
    Robert J. Riddle was convicted of murder, and he appeals.
    Reversed, and prosecution dismissed.
    See, also, 236 S. W. 725.
    R. G. Storey, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of McLennan county of the offense of murder, and his punishment fixed at 99 years in the penitentiary.

It is conceded by the state in this case that the grand jury which indicted appellant was composed of ten men and two women, and that the illegality of such grand jury was properly raised and here presented for our consideration. A discussion of the question involved in this ease would be useless, jnas-much, as the matter has been before this court in other eases in which there has been full discussion. Harper v. State (No. 6369) 234. S. W. 909, and Stroud v. State (No. 6374) 235 S. W. 214, disposed of at the present term, but the opinions are not yet [officially] reported.

For the reason that appellant was indicted by an illegal grand jury, it becomes necessary that the cause be reversed, and the I>rosecution dismissed; and it is so ordered. 
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