
    ACUFF v. STATE.
    (No. 7175.)
    (Court of Criminal Appeals of Texas.
    Nov. 8, 1922.)
    Appeal from District Court, Wichita County; P. A. Martin, Judge. B. W. Acuff was convicted of a felony theft, and he appeals.
    Reversed, and prosecution dismissed.
    R. G. Stor-ey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Appellant was indicted for felony theft. Upon trial he was convicted, and his punishment fixed at imprisonment in the penitentiary for five years. Attach was made upon the indictment because returned by an illegal grand jury. The indictment was returned by the same grand jury, the selection and organization of which we hac( occasion to consider in Russell v. State, 242 S. W. 240, and Saulter v. State, 242 S. W. 242. We refer to those eases for our reason for holding the said grand jury to have been illegally selected, and the indictments returned thereby invalid. For the same reasons,, the judgment in this case must be reversed, and the prosecution dismissed; and it is so ordered.  