State v. Hurst
Missouri Court of Appeals
Appeal from Ray Circuit Court. — Hon. Samuel Davis, Special. Judge. ' (1) The swearing of the grand jury is absolutely essential to its organization.
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Appeal from Ray Circuit Court. — Hon. Samuel Davis, Special. Judge. ' (1) The swearing of the grand jury is absolutely essential to its organization. R. S. 1899, see. 2486; 1 Bishop’s Criminal Procedure, sec. 856 (1 Ed.), page 493; 10 Encyclopedia of Pleading and Practice, page 379; State v. Armstrong, 167 Mo. 267; Ridling v. State, 56 Georgia 601; Arthur v. State, 3 Texas 405. (2) The fact that the grand jurors were sworn must affirmatively appear from the record, or the indictment will be invalid, because it is not returned by a legally constituted grand jury. Lyman v. People, 7 Ill. App.…
1Opinion of the CourtJohnson, J.
Defendant was indicted, tried and convicted in the circuit court of Ray county on the charge of keeping a bawdy house and after her motions for a new trial and the arrest of judgment were overruled appealed to this court.
Before arraignment, defendant by plea in abatement and afterward by motion to quash the indictment, both of which the court heard and overruled, challenged the indictment on the ground, among others, that “The records fail to show that the grand jury returning the indictment against this defendant were sworn as the law directs.” Defendant in support of plea and motion…
2Cases cited9 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- State v. MitchellSupreme Court of Missouri · 1906
- Arthur v. StateTexas Supreme Court · 1848
- Yates v. PeopleIllinois Supreme Court · 1865
- Abram v. StateMississippi Supreme Court · 1872
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3Cited by2 opinions
- Bowen v. CommonwealthSupreme Court of Virginia · 1922
- State v. DunneganSupreme Court of Missouri · 1914