State v. Freeman

This was an indictment under the 56th sec*264tion of the act relative to crime and punishment, by which it is made unlawful for any person to vend without being licensed to do so, spirituous liquors to be drunk in his house, out-house, yard, or garden. On motion of the defendant, the indictment was quashed by the Circuit Court.

A reason given for quashing the indictment was, that there was a defect “in drawing and impanneling the grand jury that found the bill.” To have made this reason sufficient, the irregularity in impanneling the jury, should have been made to appear by plea. In this case…