
    LITTLE v. STATE.
    (No. 6988.)
    (Court of Criminal Appeals of Texas.
    June 14, 1922.)
    Grand jury @=>7 — Cannot be selected by jury commissioners appointed at same term.
    Under Code Cr. Proc. 1911, art. 339, providing that, if a grand jury is not selected by the jury commissioners at the preceding term, the sheriff shall be directed to summon them, an indictment returned by a grand jury selected by jury commissioners appointed at the time in which the indictment was returned is invalid.
    Appeal from District Court, Wichita County; E. W. Napier, Judge.
    Ben Little was convicted of assault with intent to commit robbery, and he appeals.
    Reversed, and prosecution ordered dismissed.
    Mathis & Caldwell, of Wichita Falls, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Conviction was for assault with intent to commit robbery, punishment being fixed at two years’ confinement in the penitentiary.

Motion in arrest of judgment was filed raising tlie question of an invalid indictment, for the reason that same was returned at the December term, 1921, by a grand jury selected by jury commissioners appointed at that term, in violation of article '339, Code Criminal Procedure, which provides that, if, for any cause, a grand jury is not selected by jury commissioners at the preceding term, the sheriff shall be directed to summon them. The precise question was before us in Russell v. State (No. 6923) 242 S. W. 240, relative to an indictment returned by this same grand jury. We there held the indictment should have been quashed. Our reasons are fully set out in the opinion in that case. The motion in arrest of judgment should have been sustained.

The judgment is reversed, and the prosecution under the present indictment is ordered dismissed. 
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