State v. Fitzhugh
Oregon Supreme Court
Appeal from Douglas County. This case was tried at a special term of the Circuit Court for Douglas county, held January 28th, 1867. The defendants were indicted for the murder of one D. F. Barringer, on which charge they were found guilty of manslaughter.
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Appeal from Douglas County. This case was tried at a special term of the Circuit Court for Douglas county, held January 28th, 1867. The defendants were indicted for the murder of one D. F. Barringer, on which charge they were found guilty of manslaughter. Counsel for defendants assign these errors as relied upon to reverse this case: 1st. The Circuit Court erred in overruling the challenge to the array of the jurors, from which the grand jury was drawn at the special term. 2d. The court erred in overruling the demurrer at the special term. 3d. The court erred in its rulings on the trial of…
1Opinion of the CourtBoise, J.
The first and second assignments of error are to the same questions, and are treated together by the counsel for the prisoners in their argument. The demurrer assigned, as grounds therefor, 1st, That the grand jury, by whom the indictment was found, had no authority to inquire into the crime charged, because the sheriff failed to summon *231the panel of the jurors furnished him by the clerk, excepting ten upon such panel. 2d, That the grand jury, by which the indictment was found, had no legal authority to inquire into the crime charged, because three of the grand jurors, to wit: D. C. Underwood,…
2Cited by28 opinions
- State v. SteevesOregon Supreme Court · 1896
- Kearney v. SnodgrassOregon Supreme Court · 1885
- People v. LauderMichigan Supreme Court · 1890
- State v. Foot YouOregon Supreme Court · 1893
- State v. CaseyOregon Supreme Court · 1923
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