Reich v. State
Supreme Court of Georgia
Criminal law. Indictment. Grand Jury. Witness. Aliens. Municipal corporations. Jurisdiction. Before Judge James Johnson. Muscogee Superior Court. May Term, 1874. Reich was presented for the offense of keeping open a tippling house on the Sabbath day.
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Criminal law. Indictment. Grand Jury. Witness. Aliens. Municipal corporations. Jurisdiction. Before Judge James Johnson. Muscogee Superior Court. May Term, 1874. Reich was presented for the offense of keeping open a tippling house on the Sabbath day. On arraignment he pleaded as follows: 1st. That on September 9th, 1873, he was taken before the mayor of the city of Columbus, charged with the same offense as is set out in the presentment, and convicted of the same; that said judgment remains in full force. 2d. That A. Cadman, one of the grand jurors who made the presentment, was not at that…
1Opinion of the Court
McCay, Judge.
1. These pleas as to the oath of the grand jurymen are entirely too uncertain. They do not say what witnesses they .rejbr to, nor do they point out in what the oath was defective. *75Pleas ought always to present matter on which issue may be taken, and should contain such a statement as will notify to the opposite party what he has to meet.
2. We think the plea that one of the gfand jurors was not a citizen, is a good plea. Section 3916 of the Code clearly contemplates that a grand juryman must be a citizen, and whilst the constitution does not, in terms, require it, and only uses…
2Cases cited1 opinion
- State v. FosterTexas Supreme Court · 1852
3Cited by18 opinions
- Lascelles v. StateSupreme Court of Georgia · 1892
- Blevins v. StateSupreme Court of Georgia · 1965
- Callaway v. MimsCourt of Appeals of Georgia · 1908
- Hood v. Von GlahnSupreme Court of Georgia · 1892
- Moran v. City of AtlantaSupreme Court of Georgia · 1898
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