
    Skinner v. The State.
    
      Indictment for Assault and Battery.
    
    1. Indictment; invalid when preferred by grand jury at a time' not legally held. — An indictment which is preferred by a grand jury organized at a term of the Circuit Court which is held at a time not authorized by law, is void, and will not support a judgment of conviction.
    Appeal from the County Co-urt of Elmore.
    Tried before the Hon. H. J. Lancaster.
    The appellant in this case was indicted, tried and convicted for-an assault and battery with a weapon. The indictment was preferred by the grand jury of the circuit court of Elmore county on March 10, 1904.
    No counsel marked as appearing for appellant.
    Massey Wilson, Attorney-General, for the State.
   TYSON, J.

The indictment upon which the defendant was convicted is void, not having been preferred by a grand jury organized at a time when the circuit court for Elmore county could be legally held. — Kidd v. Burke, in MS.; Walker v. State, in MS.

Of course, without a valid indictment to support the judgment of conviction, the judgment is ooraon non judice.

Reversed and remanded.

McClellan, C. J., Dowdell and Denson, J.J., concurring.  