Gibbs & Stanton v. State
Supreme Court of New Jersey
•On error to the Sussex Sessions. The defendants were indicted for a libel, and being arraigned they pleaded in abatement ill-will and malice on the part of certain of the grand jurors, and malicious misconduct in the sheriff in selecting and summoning such jury. The state demurred to that plea, and the Sessions, upon argument, sustained the demurrer
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
In disposing of the questions-presented to the court for solution in the present case, it will be assumed that the plea which has been demurred to is sufficient in form, and that it exhibits the fact that the grand jury officiating on this occasion was not such a one as the law requires. The indictments found by such a body would, on application to the court, have been quashed. The point, of inquiry is whether they can be annulled or defeated by means of a plea in abatement.
The subject is one concerning which there is much…
2Cited by5 opinions
- Downey v. United StatesCourt of Appeals for the D.C. Circuit · 1937
- Bledsoe v. JohnstonCourt of Appeals for the Ninth Circuit · 1946
- State v. AmmirataNew Jersey Superior Court Appellate Division · 1969
- State v. WilliamsNew Jersey Superior Court Appellate Division · 1954
- Downey v. United StatesCourt of Appeals for the D.C. Circuit · 1937