State v. Smith
Supreme Judicial Court of Maine
On Exceptions and motions. Indictment for murder, found and tried at the April term, 1877, Peters, J., presiding. The indictment as found by the grand jury contained two counts, the first of which was of the form following: “The jurors for the said state upon their oath present, that Edward M. Smith of Bueksport, in the county of Hancock aforesaid, on the thirteenth day of October, in the year of our Lord one thousand eight hundred and seventy-six, at Bueksport in said…
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On Exceptions and motions. Indictment for murder, found and tried at the April term, 1877, Peters, J., presiding. The indictment as found by the grand jury contained two counts, the first of which was of the form following: “The jurors for the said state upon their oath present, that Edward M. Smith of Bueksport, in the county of Hancock aforesaid, on the thirteenth day of October, in the year of our Lord one thousand eight hundred and seventy-six, at Bueksport in said county of Hancock, with force and arms in and upon the body of one Melissa E. Thayer, feloniously, willfully and of his…
1Opinion of the CourtLibbey, J.
The prisoner was indicted for murder, and was con*332victed of murder in the first degree. Several questions are raised by his exceptions.
I. He raises the question of the sufficiency and legality of the grand jury by whom the indictment was found. On the first day of the term he interposed a challenge to the array, and after the indictment was found and returned into court he presented a plea in abatement which was demurred to, and the demurrer sustained. In both the challenge and the plea the objection presented and relied upon is, that the venires, by virtue of which the grand jurors were…
2Cases cited10 opinions
- The People v. . CookNew York Court of Appeals · 1853
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- People v. AllenNew York Supreme Court · 1831
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. BrokawDistrict Court, S.D. Illinois · 1945
- Hooker v. BondMichigan Supreme Court · 1898
- Kennedy v. Oregon Short Line Railway Co.Utah Supreme Court · 1898
- Childs v. StateSupreme Court of Alabama · 1892
- United States v. RichardsonUnited States Circuit Court · 1886
4 more not listed; retrieve them via the Exa API.