State v. Foster
Texas Supreme Court
Appeal from Nueces. An indictment was preferred against the appellee, who moved to quash it on the ground that certain of the grand jury by whom it was found were aliens. The court entertained the motion and heard evidence touching the qualifications of the jurors, and it appearing that one of them was not.'a citizen of the United States or of this State quashed the indictment. The Slate appealed.
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Appeal from Nueces. An indictment was preferred against the appellee, who moved to quash it on the ground that certain of the grand jury by whom it was found were aliens. The court entertained the motion and heard evidence touching the qualifications of the jurors, and it appearing that one of them was not.'a citizen of the United States or of this State quashed the indictment. The Slate appealed. All the authorities cited Iw appellee except the case of the State of Tennessee v. Duncan, 7 Yerg. R., 271, will be found to go only to the extent of showing that men not having the required…
1Opinion of the CourtIVheeler, J.
The decisions in different Stiit.es are conflicting on the question whether, after indictment,found, the defendant can take advantage of the incom-peteucy of any part of the grand jury who found it. In Massachusetts and Mew York til© doctrine seems to he that; objections to the personal qualifications of grand jurors will not affect the validity of the indictment after it, lias been accepted and filed in court. (9 Mass. R., 107; 3 Wend. R., 314.) This, however, lias been doubted in Massachusetts. (2 Pick. R., 563.) The same rule appears to have been adopted in an early case in Alabama. (2…
2Cited by7 opinions
- Tarrance v. FloridaSupreme Court of the United States · 1903
- Reich v. StateSupreme Court of Georgia · 1874
- Chairs v. StateTennessee Supreme Court · 1911
- Tarrance v. StateSupreme Court of Florida · 1901
- Long v. StateSupreme Court of Georgia · 1925
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