Commonwealth v. Graddy
Court of Appeals of Kentucky
CASE 3 — cited Crim. Code, sec. 194; Act March 17, 1802, Gen. Laws, 95; 2 Rev. Stat., 348; lb., 15-6; Wharton's Amer. Crim. Law, sec. 472. cited Crim. Code, secs. 159, ÍG0; 2 Rev. Slut., 75, sec. 2; lb., 81, sec. 11; Act of March 17, 1862.
1Opinion of the Court
JUDGE BULLITT
delivered the opikion op the court:
An indictment against Graddy, for a felony, was, upon his motion, quashed by the circuit court, because the grand jury, by which it was found, was summoned by one Darnall, acting under the following order of the circuit court: ‘'Ordered that A. A. Nelson be appointed to act as sheriff in summoning jurors and attending upon the court, who, with leave of court, appointed Philip Darnall his special deputy.” From the judgment quashing the indictment the Commonwealth appealed.
One of the grounds for setting aside an indictment is, “a substantial error…
2Cited by19 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
- Gould v. MurchSupreme Judicial Court of Maine · 1879
- Michael v. CurtisSupreme Court of Connecticut · 1891
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