Easterling v. State
Mississippi Supreme Court
ERROR to the Circuit Court of Jasper county. Hon. John Watts, judge. The plaintiff in error was indicted for retailing without a license. The defendant moved to quasb the indictment:— 1st. Because the grand jury, who found and returned it into court, consisted of more than eighteen persons. 2d. Because it is not shown, in or by the indictment, or by tbe caption thereof, that the grand jury, who found and returned it, were residents of the county of Jasper. 3d.
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ERROR to the Circuit Court of Jasper county. Hon. John Watts, judge. The plaintiff in error was indicted for retailing without a license. The defendant moved to quasb the indictment:— 1st. Because the grand jury, who found and returned it into court, consisted of more than eighteen persons. 2d. Because it is not shown, in or by the indictment, or by tbe caption thereof, that the grand jury, who found and returned it, were residents of the county of Jasper. 3d. Because the indictment is not indorsed “a true bill,” by Lazarus J. Jones, who was appointed foreman of tbe grand jury. 4th. Because…
1Opinion of the CourtHaNDY, J.
This was an indictment for retailing spirituous liquors without license.
1. A motion was made in the court below to quash the indictment on several grounds: 1st. Because the grand jury consisted of more than eighteen persons. 2d. Because it does not appear that they were residents of the county. 8d. Because the indictment is not indorsed by Lazarus J. Jones, the foreman of the grand jury, but by the name of L. J. Jones. This motion was overruled, and that is assigned for error.
As to the first ground of the motion, there is nothing in the record to show what number of persons constituted the…
2Cited by16 opinions
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- Chase v. StateMississippi Supreme Court · 1872
- State v. TrujilloNew Mexico Supreme Court · 1924
- Bowler v. StateMississippi Supreme Court · 1872
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