State v. Miller
Supreme Court of Alabama
Question reserved by the Circuit Court of Mobile County, THE defendant w"as indicted at the February term, 1841, for keeping and exhibiting a faro-bank. He pleaded, in abatement of the indictment, that it was found by a grand jury not legally constituted; verdict and judgment in favor of the State.
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Question reserved by the Circuit Court of Mobile County, THE defendant w"as indicted at the February term, 1841, for keeping and exhibiting a faro-bank. He pleaded, in abatement of the indictment, that it was found by a grand jury not legally constituted; verdict and judgment in favor of the State. At the trial, the defendant proved that the indictment was found by a grand jury impannelled at the Fall term, 1840, then consisting of thirteen members, and that only twelve of them appeared and acted as the grand jury, at a special term, in February, 1841, when the bill was found. On this…
1Opinion of the CourtGoldthwaite, J.
The general statute under which our grand juries are organized, directs that from the whole number, of jurors attending, there shall be drawn, not .less than thirteen, nor more than eighteen, who shall constitute'the grand jury for the term of the Court, to which they are summoned : Aik. Dig. 296, § 6.
In our opinion, this does not change the common law, except so far as it invests the Court with a discretion, within the limits specified, as to the number to be sworn. Here, it appears that a grand jury was legally constituted, according to the terms of the statute, and the question presented,…
2Cases cited1 opinion
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
3Cited by13 opinions
- Fitts v. Superior CourtCalifornia Supreme Court · 1936
- Beck v. StateCourt of Criminal Appeals of Alabama · 1978
- State v. BrainerdSupreme Court of Vermont · 1884
- State v. ConnorsSupreme Court of Missouri · 1911
- State v. CoppSupreme Court of Kansas · 1886
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