Castleberry v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. W. 11. Pembeeton, Special Judge.' ' ' Appellant had a right to be present at the formation and impaneling of the grand jury; and-also to take advantage of the lack of of sueli .opportunity'by.motion to quash the indictment, 177 U. S., 447; Sand. & Dig., § 2067; 50 Ark. 542; 42 Ark. 394; 43 Ark. 395; 10 Ark. 631; 58 S. W. 97. The refusal of .the court to hear, evidence on the motion to -quash was error. -If its allegations -had been proved,…
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Appeal from Pulaski Circuit Court. W. 11. Pembeeton, Special Judge.' ' ' Appellant had a right to be present at the formation and impaneling of the grand jury; and-also to take advantage of the lack of of sueli .opportunity'by.motion to quash the indictment, 177 U. S., 447; Sand. & Dig., § 2067; 50 Ark. 542; 42 Ark. 394; 43 Ark. 395; 10 Ark. 631; 58 S. W. 97. The refusal of .the court to hear, evidence on the motion to -quash was error. -If its allegations -had been proved, appellant would have been denied the equal protect tion of the laws by a failure to quash the indictment. 100 U. S.,…
1Opinion of the CourtHughes, J.
The appellant was indicted for larceny, pleaded, not guilty, was tried and convicted, and appealed to this court.
When the cause was called for trial, the defendant filed,a motion to quash the indictment. líe offered to introduce evidence to sustain the allegations in said motion, which the court declined to hear, and overruled the motion, to all of which the defendant excepted, and filed his motion for a new trial, which was overruled by the court, to which the defendant excepted.
The attorney general contends that the question made in -the court below is not presented here, and that the…
2Cases cited1 opinion
- Carter v. TexasSupreme Court of the United States · 1900
3Cited by6 opinions
- Luther Bailey v. Lee Henslee, Superintendent of the Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1961
- McIntosh v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Ware v. StateSupreme Court of Arkansas · 1920
- Franklin v. StateSupreme Court of Arkansas · 1908
- Tillman v. StateSupreme Court of Arkansas · 1915
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