State v. Pool
Oregon Supreme Court
Douglas county: R. >9. Bean, Judge. Defendant appeals. On the 20th day of October, 1880, the defendant was indicted for the crime of murder. The journal entry recites that he was arraigned on the 18th of March, 1890, and pleaded not guilty; but before pleading to the indictment he moved to set the same aside because the names of the witnesses examined before the grand jury were not endorsed on the indictment.
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Douglas county: R. >9. Bean, Judge. Defendant appeals. On the 20th day of October, 1880, the defendant was indicted for the crime of murder. The journal entry recites that he was arraigned on the 18th of March, 1890, and pleaded not guilty; but before pleading to the indictment he moved to set the same aside because the names of the witnesses examined before the grand jury were not endorsed on the indictment. The bill of exceptions, however, shows that he was arraigned on the 17th day of March, 1890, and asked his day to plead to said indictment, which was granted by the court. The bill of…
1Opinion of the CourtStrahan, C. J.
— The first question is, did the failure of the grand jury to set Tiller’s name down at the foot of the indictment or indorse it thereon, entitle the defendant to have the same set aside? This question must be answered by reference to the statute. Section 1314, Hill’s Code, provides : “ The indictment must be set aside by the court upon the motion of the defendant in either or the following cases. * * * 2. When the names of the witnesses examined before the grand jury are not inserted at the foot of xhe indictment or indorsed thereon.” Section 1315 provides: *152“The motion to set aside the…
2Cited by9 opinions
- State v. CaseyOregon Supreme Court · 1923
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
- State v. McDonaldOregon Supreme Court · 1961
- State v. AndrewsOregon Supreme Court · 1899
- State v. MillerOregon Supreme Court · 1969
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