
    JOHN WEBB v. THE STATE.
    Knoxville,
    June Special Term, 1875.
    1. GBAND JUBY. Minutes of court held to legally constitute; appointment of, etc.
    The appointment by the court of a gand jury already drawn as required by law, cannot affect the acts of a jury in all other respects regular, formal, and lawful in its constitution. The formation of the g-rand juries in courts is in one sense an appointment by the court in which they are to serve. The g-rand jury is, upon the face of the minutes, legally constituted, when they recite that “the jurors were drawn and by the court appointed, and that said grand jury, after having been duly summoned, were tried, elected, impaneled, sworn, and charged as the law requires,” etc. [See note under see. 5804 of the Code; sec. 5828 and notes.]
    
      2. SAME. Plea to raise question as to legal qualifications.
    Persons indicted or presented for violation of the laws may take advantage of the omission of the appointing power to compose the grand jury of good and lawful men, but the objection must be made by plea of the defendant proposing to rebut the presumption of law that all men are good and lawful. [See notes under secs. 5834, 7044, and 5823 of the Code¿ note 5 under sec. 7055.]
   Turney, J.,

delivered the opinion of the court.

The law requires grand juries to be composed of good and lawful men. This is directory to the authorities having the appointment and organization of grand juries. All persons indicted or presented for violation of, or offense against, the laws of the state, may take advantage of the omission of the appointing power to compose the jury of the kind of men designated. But. as the law presumes all men to be good and lawful, the objection must be taken by plea of the party proposing -to rebut the presumption. The -objection that the record shows “the court appointed the grand jury,” is based upon a detached sentence of an entry upon the minutes o-f the court, which recites, the jurors were drawn and by the court appointed, an-d that said grand jury, after having been duly summoned, were tried, elected, impaneled, sworn and charged as the law inquires, etc. We are unable to see how an appointment by the court of a grand jury already drawn, as required by law, can affect the acts of a jury in all other respects regular, formal and lawful in its constitution.

The formation of juries in courts is in one sense an appointment by the court in which they are to' serve, as the presence and supervision of the court is absolutely necessary to the legality of their election.  