STATE v. JOHNSON

No. 10797.

95 S.E.2d 409 (1956)

STATE of West Virginia v. Theodore Roosevelt JOHNSON.

Supreme Court of Appeals of West Virginia.

Decided December 4, 1956.


Attorney(s) appearing for the Case

Clifford, Jones & White, Clarksburg, for plaintiff in error.

John G. Fox, Atty. Gen., Arch W. Riley, Asst. Atty. Gen., for defendant in error.


GIVEN, Judge.

Defendant, Theodore Roosevelt Johnson, was indicated by a grand jury of the Criminal Court of Harrison County, at the November, 1953, term thereof, for the murder of Robert Garrett. Defendant attacked the validity of the indictment by a plea in abatement, based on a contention that the grand jury which returned the indictment was not properly constituted, because not drawn from a grand jury list prepared as...

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