State v. Marsh
Supreme Court of Kansas
Appeal from Mitchell District Court. On the 13th of January 1874 the judge of the Mitchell district court, in vacation, made and transmitted to the county clerk, an order, the body of which is as follows: “You are requested hereby to draw from the jury box of said county, according to law, the names of fifteen persons to Serve as .Grand Jurors for the ensuing April Term of the district court of said county.” Pursuant to this order a grand jury were drawn and summoned.
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Appeal from Mitchell District Court. On the 13th of January 1874 the judge of the Mitchell district court, in vacation, made and transmitted to the county clerk, an order, the body of which is as follows: “You are requested hereby to draw from the jury box of said county, according to law, the names of fifteen persons to Serve as .Grand Jurors for the ensuing April Term of the district court of said county.” Pursuant to this order a grand jury were drawn and summoned. By act approved March 3, 1874, (laws of 1874, p. 93,) the spring term of the district court for Mitchell county was changed…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The defendant was indicted by the grand jury at the March Term of the district court of Mitchell county. He objected that the grand jury was not legally constituted, and raised this objection by a plea to the jurisdiction, a plea in abatement, a motion to quash the indictment, and a motion in arrest of judgment; so that if the objection was well taken he placed himself in a proper position to avail himself of it. The grand jury was drawn in pursuance of an order made by the judge of the district court in vacation. The record shows that on…
2Cited by8 opinions
- State v. WilliamsSupreme Court of Kansas · 1900
- Gravitt v. StateCourt of Criminal Appeals of Oklahoma · 1929
- State v. SkinnerSupreme Court of Kansas · 1885
- State v. WescottWisconsin Supreme Court · 1927
- Territory of Arizona v. ChartzArizona Supreme Court · 1893
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