David Josiah Brewer

“ If defendants could properly move to quash the panel or challenge the array of grand jurors for the reasons stated in this motion, it could only be done before the grand jury was impaneled, or at least before the indictment was found. Whether it could be done in that way, we do not now decide. We are clear, however, that a motion to quash the panel of grand jurors by one who has been indicted by such jurors is not proper practice. Gladden v. State, 13 Fla. 623. As we shall show further on, a plea in abatement of the indictment is the proper remedy. ”

“ The petit jury objected to had not been called to try defendants' case and would not be, as their term of service would, under the law, expire long before defendants' case would be called for trial. The defendants had no right to challenge the array of petit jurors until their case was called for trial, and it was proposed to impanel upon the jury to try them some member of the objectionable panel. ”

“ The contention of plaintiffs in error is that they were denied the equal protection of the laws, by reason of an actual discrimination against their race. The law of the state is not challenged, but its administration is complained of. ”