Harding v. State
Supreme Court of Arkansas
jError to Desha Circuit Court. Hon. John C. Murray, Circuit Judge! No final judgment can be entered upon overruling a demurrer to a plea iñ abatement of an indictment — the party should be allowed to plead over, and if he declines, a plea of not guilty should be entered by the court. Buzzard vs. State, 20 Ark. 106. The grand jury was improperly empanneled.
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jError to Desha Circuit Court. Hon. John C. Murray, Circuit Judge! No final judgment can be entered upon overruling a demurrer to a plea iñ abatement of an indictment — the party should be allowed to plead over, and if he declines, a plea of not guilty should be entered by the court. Buzzard vs. State, 20 Ark. 106. The grand jury was improperly empanneled. All criminal statutes, particularly those relating to the empanneling of grand juries must be strictly construed. 5 Eng. 71; Barb. Cr. Trea. 311; Whar. Cr.Law 170; 12 S', tf- Mar. 68.
1Opinion of the CourtJustice Compton
The appellant was indicted in the Desha Circuit Court for gaming. He pleaded in abatement that the grand jury by whom the indictment was found, consisted of seventeen persons, when by the law of the land, it should have consisted of sixteen only. The'court sustained a demurrer to the plea, and the appellant declining to plead over, the court fined him fifty dollars, for which, with costs, judgment was rendered.
It will be conceded that at common law, it was necessary that the grand jury should consist of twelve at least, and might consist of any greater number not exceeding twenty-three. Not…
2Cases cited2 opinions
- Wilburn v. StateSupreme Court of Arkansas · 1860
- Buzzard v. StateSupreme Court of Arkansas · 1859
3Cited by10 opinions
- Rowland v. StateSupreme Court of Arkansas · 1948
- Sharp v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State Ex Rel. Odenwald v. District CourtMontana Supreme Court · 1934
- Lightfoot v. StateSupreme Court of Florida · 1953
- United States v. HaskellDistrict Court, E.D. Oklahoma · 1909
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