26 Tex. 197 | Tex. | 1862
The evidence heard by the Court below upon the special plea, or motion to set aside the indictment, does not disclose the fact that the person who acted as District Attorney was present with the Grand Jury “ when they were discussing the propriety of finding the indictment, or voting upon the same.” Nor does the Judge below put his ruling upon the ground that the District Attorney, or the person who acted as such, was present with the Grand Jury at an improper time, or that he exercised any improper influence. The court seems to have acted solely upon the idea that the person who acted as District Attorney was not lawfully authorized to do so.
It was not proper in this manner to try the question of the
We are of opinion that the court below erred in setting aside the indictment for the reason given in the judgment. It is ordered that the judgment of .the court below be reversed, and the cause remanded.
Reversed and remanded.