Upon the authority of the cases of the State v. Foster, (9 Tex. R. 65,) Jackson v. The State, (11 Tex. R. 261,) and Vanhook v. The State, (12 Id. 252,) it must be held that the incompetency of one of the grand jury that found the indictment was well pleaded in abatement. The Court therefore erred in sustaining the demurrer to the plea ; for which the judgment must be reversed and the case remanded.
Reversed and remanded.