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on the first day of said September
term of said Court to serve as
grand jurors- At which time to wit:
at the opening of said term of said
Court, there was empanneled and sworn
tvelve of said twenty-two grand jurors
so drawn together with three others then
drawn to be summoned and who were
summoned to serve as such grand jurors,
to constitute the Grand Jury of the said
term- and the Grand Jury of the said term
was so constituted and not otherwise.
That such Grand Jury and said persons
so drawn empanneled and sworn, acting
as such Grand Jury, so constituted as aforesaid
and not otherwise- found said Indictment and
the said Indictment was not found otherwise-
that this defendant was not
under arrest, nor had he given bail
to appear at said September term
to answer to said accusation contained
in said Indictment nor any other
offense- prior to the finding of said
Indictment- and this the said John D. Lee
is ready to verify, wherefore for the want
of a sufficient indictment in his
behalf, the said John D. Lee prays
judgement that that the said Indictment may