Barlow v. State
Supreme Court of Georgia
Indictment for unlawful sale of liquor. Before Judge Reagan. Butts superior court. September 29, 1906. Barlow was tried under a special presentment made by the grand jury of Butts county, charging him with the offense of selling intoxicating liquor» in a county where it was unlawful to do so.
Read the full summary
Indictment for unlawful sale of liquor. Before Judge Reagan. Butts superior court. September 29, 1906. Barlow was tried under a special presentment made by the grand jury of Butts county, charging him with the offense of selling intoxicating liquor» in a county where it was unlawful to do so. Before pleading to the merits, he moved to dismiss the charge and quash the presentment on the ground that it had never been endorsed by the foreman of the grand jury as a true bill or special' presentment or charge of any kind. The special presentment was returned on a printed blank. On its face it was…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1, 2. Under the English practice, where it was desired to have the grand jury act upon an indictment, a draft of it, termed a bill, was engrossed on parchment and laid before the grand jurors. They examined witnesses in reference to its allegations, and if they found them true, and so declared, it became an indictment. The bill had to be found true by a majority of the jurors, which majority had to consist of at least twelve. In Archbold’s Crim. Pl. & Pr. (3d ed.) 102, it is said: “The finding must'be endorsed on the indictment, and is ‘parcel of the…
2Cases cited17 opinions
- Frisbie v. United StatesSupreme Court of the United States · 1895
- Danforth v. StateSupreme Court of Georgia · 1886
- Tilly v. StateSupreme Court of Florida · 1885
- Newman v. StateSupreme Court of Georgia · 1897
- McGuffie v. StateSupreme Court of Georgia · 1855
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Carmichael v. StateSupreme Court of Georgia · 1972
- Cadle v. StateCourt of Appeals of Georgia · 1960
- Zugar v. StateSupreme Court of Georgia · 1942
- State v. BrownSupreme Court of Georgia · 2013
- Gillespie v. StateCourt of Appeals of Maryland · 1924
7 more not listed; retrieve them via the Exa API.