Supreme Court of Alabama February 6, 1908 (Osborn v. State)

ANDERSON, J.

The grand jury contained 15 members, having been legally organized under section 5023 of the Code of 1896. ' When they appeared in court, and the foreman, J. L. Forman, was excused because of disqualification under section 5042, there were 14 grand jurors remaining, and the cburt erred in increasing the number to 15, and J. W. Allen was improperly added thereto.