State v. Johnson

ENGLISH Ch. J.:

Anthony Johnson was indicted in the Circuit Court of Jefferson County for a misdemeanor (extortion) in the office of Constable. He moved to set aside the indictment because the names of the witnesses who were examined before the Grand Jury were not written at the foot of, or on the indictment, as required by the Statute. The Court sustained the motion, and the State appealed.

The practice in England was to endorse the names of the witnesses intended to be examined before the Grand Jury, upon the .bill when it was prepared, aud the witnesses so endorsed were sworn in open court,…