Barton v. State
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below, before Pound, L The opinion states the case. cited Burley v. The State, 1 Neb., S96. Preuitv. State, 5 Neb., 375. Mc-Elvoy v. State, 9 Neb., 157. Clark v. Saline County, 9 Neb., 516. 1. The plea in abatement does not state that sec. 66á was not complied with; it only claims the county commissioners did not select the names, as required by law.
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Error to the district court for Lancaster county. Tried below, before Pound, L The opinion states the case. cited Burley v. The State, 1 Neb., S96. Preuitv. State, 5 Neb., 375. Mc-Elvoy v. State, 9 Neb., 157. Clark v. Saline County, 9 Neb., 516. 1. The plea in abatement does not state that sec. 66á was not complied with; it only claims the county commissioners did not select the names, as required by law. This is only one of the ways in which a grand jury may be selected, but it is not the only way, and the proceedings of a grand jury selected by the sheriff are just as lawful as though the…
1Opinion of the CourtCobb, J.
The plaintiff in error was indicted and convicted at the June term, 1880, of the district court of Lancaster ■county, for the larceny of a horse. He presented a plea in abatement to the indictment, the substance of which is that the grand jury, which found the indictment, was not properly selected, or more correctly speaking, that in the selection of the sixty names, from which the grand .jurors were drawn, they were not properly distributed .among the several precincts of the county, in proportion to the number of persons residing in said precincts respectively, qualified by law to serve as…
2Cases cited1 opinion
- Clark v. Board of County CommissionersNebraska Supreme Court · 1880
3Cited by2 opinions
- Kronberg v. StateNebraska Supreme Court · 1926
- Haight v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1915