
    Tuesno v. State.
    
    (Division A.
    Jan. 30, 1928.)
    [115 So. 437.
    No. 26995.]
    Indiotmeint and Ini'okmation. Indictment returned at special term by grand jury impaneled at last regular term should have been quashed.
    
    Where indictment was returned during a special term by grand “■jury impaneled for tbe last regular term and reassembled pursuant to requirement of order for special term, indictment should have been quashed.
    Appeal from circuit court of Wilkinson county.
    Hon. R. L. Cobran, Judge.
    Sullivan Tuesno was convicted of murder, and he appeals.
    Reversed and remanded.
    
      The indictment herein was returned at a special term of the circuit court convened pursuant to an order of the circuit judge entered in vacation, directing the clerk to issue summons to the grand jury that was impaneled at the last regular term as provided by Laws 1926, chapter 130, and further directing the sheriff to notify such members to appear and assemble on date specified.
    
      Engle (& Laub and Tucker & Tucker, for appellant.
    
      J. A. Lauderdale, Assistant Attorney-General, for the state.
    
      
       Corpus Juris-Cyc. References: Indictments and Informations, 31CJ, p. 579, n. 28.
    
   Smith, C. J.

The indictment should have been quashed. Perkins v. State (Miss.), 114 So. 392.

Reversed and remanded.  