Territory v. Staples
Idaho Supreme Court
APPEAL from District Court, Custer County. On the ground that said prejudiced jurors Gould, Einnell and Watson were allowed to sit on the grand jury which found the indictment against defendant the motion to set aside the indictment should have been granted. (State v. Olds, 19 Or. 397, 24 Pac. 394.)
1Opinion of the CourtMorgan, J.
The defendant was indicted by the grand jury of the third judicial district in and for the county of Custer, and charged with the crime of assault with intent to murder. He had not been examined before a committing magistrate before indictment, and was not in custody. Upon being arraigned upon the indictment on the .tenth day of May, 1890, the defendant moved the court to set aside the indictment for the reasons: 1. That Parley Gould, a member of the grand jury which found *36the indictment, was also a witness against him before the grand jury; 2. That said Gould had expressed the opinion that…
2Cases cited1 opinion
- People v. HunterCalifornia Supreme Court · 1879
3Cited by6 opinions
- State v. TaylorIdaho Supreme Court · 1939
- Higgins v. Brown, JudgeSupreme Court of Oklahoma · 1908
- Higgins v. Brown, JudgeCourt of Criminal Appeals of Oklahoma · 1908
- State v. RobertsIdaho Supreme Court · 1920
- State v. McMahanIdaho Supreme Court · 1937
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