Legal Opinion

State v. Champeau

Supreme Court of Vermont

Decided January 15, 1880PublishedCited by 14 opinions

Indictment for keeping a house of ill-fame, brought at the September Term, 1879. The respondent pleaded that the names of three of the persons who acted as the grand jury by which the indictment was found, residents of the city of Burlington, and summoned as such, were not drawn out of the box containing the names of the persons nominated, but were drawn by the sheriff “ by selecting from a package of numbered cards presented to him by the city clerk of said city three…

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Indictment for keeping a house of ill-fame, brought at the September Term, 1879. The respondent pleaded that the names of three of the persons who acted as the grand jury by which the indictment was found, residents of the city of Burlington, and summoned as such, were not drawn out of the box containing the names of the persons nominated, but were drawn by the sheriff “ by selecting from a package of numbered cards presented to him by the city clerk of said city three certain numbers seen by said sheriff at the time of said drawing, which numbers so drawn corresponded with the numbers set…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

The method of-drawing the three jurors named in the plea was not strictly according to the statute. It seems to have been an attempted improvement on the statutory method. The officers engaged in it will serve the public better by adhering to the statutes in the discharge of this public duty, than by deviations therefi’om with a view to improvements, or with any other view. But it appears that the persons drawn in this case were among *317those regularly chosen, and it does not appear but that the drawing was fair, or that the persons drawn were…

2Cases cited5 opinions

  1. People v. GoodwinNew York Supreme Court · 1820
  2. Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1806
  3. State v. RoeSupreme Court of Vermont · 1840
  4. Hassell v. NuttTexas Supreme Court · 1855
  5. State v. I. S. S.Supreme Court of Vermont · 1801

3Cited by14 opinions

  1. State v. DesoSupreme Court of Vermont · 1938
  2. State v. DisbrowSupreme Court of Iowa · 1906
  3. State v. FelchSupreme Court of Vermont · 1918
  4. State v. BisselSupreme Court of Vermont · 1934
  5. United States v. NevinDistrict Court, D. Colorado · 1912

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