State v. Herron
Tennessee Supreme Court
FROM DEKALB. Appeal in error from the Circuit Court of De-Kalb County. M. D. Smallman, J. Indictment for felony quashed because the Clerk failed to copy the indorsement, “A true bill,” and foreman’s signature thereto, in spreading it' upon the record. There was an entry of record showing proper return of the indictment by the grand jury. The State appealed.
1Opinion of the CourtCaldwell, J.
The defendant was indicted for burglary. He demurred, and assigned as ground of demurrer that the indictment had not been returned into Court, indorsed “A true bill,” signed by the foreman of the grand jury, and entered of record. The Circuit Judge sustained the demurrer, and quashed the indictment. The State has appealed.
The transcript contains two copies of the indictment — one taken from the original and the other from the minutes of the Court. They are identical, except that the former is indorsed, “A true bill, Milton Ward, foreman of the grand jury,” and the latter has no part of such…
2Cited by4 opinions
- Applewhite v. StateCourt of Criminal Appeals of Tennessee · 1979
- Bird v. StateTennessee Supreme Court · 1899
- Davidson v. StateTennessee Supreme Court · 1969
- Davidson v. StateTennessee Supreme Court · 1969