Miller v. State
Supreme Court of Arkansas
APPEAL from Prairie Circuit Court. Hon. G. D. Denison, Special Judge. The transcript in this case does not show the empannelling of the grand jury that found the bill of indictiment, and the case must therefore be reversed. Stuart v. State, 18 Ark., 744; Straughn v. State, 16 Ark., 44; Beverly Brenn v. The State, 7 Bug., 624; Cornelius v. State, 7 Bng., 782; Green v. State, 19 Ark., 178. There is no record of the presentment or filing oí the indictment.
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APPEAL from Prairie Circuit Court. Hon. G. D. Denison, Special Judge. The transcript in this case does not show the empannelling of the grand jury that found the bill of indictiment, and the case must therefore be reversed. Stuart v. State, 18 Ark., 744; Straughn v. State, 16 Ark., 44; Beverly Brenn v. The State, 7 Bug., 624; Cornelius v. State, 7 Bng., 782; Green v. State, 19 Ark., 178. There is no record of the presentment or filing oí the indictment. Bollen v. State 2 Florida, 482; Gordon v.' People, 2 Seam., 83; Commonwealth v. Canood,2 Virginia Cases, 527; McKinney v. People, 2 Gilman,…
1DissentEakin, J.
This case raises a question of procedure on appeal, which, in this State, is mw. I am well enough satisfied that my associates, in their opinion, have done no real injustice to appellant, but I cannot know that judicially, and besides, am unwilling to depart from the heretofore inflexible rule of the Court, that the record must in all cases show, affirmatively, that the grand jury was duly empannelled and sworn, and brought the indictment into Court. This is a matter of great importance, inasmuch as the bill of rights in our Constitution has provided, with some exceptions not touching this…
2Cases cited3 opinions
- Graham v. StateTexas Supreme Court · 1875
- Buckman v. WhitneyCalifornia Supreme Court · 1864
- Freeland v. Board of SupervisorsIllinois Supreme Court · 1862