People v. Jewett
New York Supreme Court
Demurrer to plea to an indictment. The defendant was indicted for a conspiracy, and the indictment having been removed into this court by certiorari, the defendant pleaded that J. W. S., one of the grand jurors by whom the indictment was found, before and at the time when he was impannelled charged and sworn as a grand juror, had not a freehold of the the value of $150, nor was he in possession of lands under a contract for the purchase of the same and worth $150 in personal…
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Demurrer to plea to an indictment. The defendant was indicted for a conspiracy, and the indictment having been removed into this court by certiorari, the defendant pleaded that J. W. S., one of the grand jurors by whom the indictment was found, before and at the time when he was impannelled charged and sworn as a grand juror, had not a freehold of the the value of $150, nor was he in possession of lands under a contract for the purchase of the same and worth $150 in personal property, nor had he made improvements on such lands to the amount of $150, free from all reprises, debts or…
1Opinion of the Court
*387 By the Court,
Sutherland, J.
The authorities leave it somewhat doubtful whether it was necessary at common law for grand jurors to be freeholders. Lord Hale, in his Pleas of the Crown, 2 Hale, 155, holds that they ought to he freeholders, but admits that the amount of the freehold required is altogether uncertain. Sir Wm. Blackstone, in his Commentaries, 4 Bl. Comm. 302, adopts the language of Hale, and says, “ Grand jurors ought to be freeholders, but to what amount is uncertain, which appears to be a casus omissus,” See. He observes, however, that in practice they are usually gentlemen of…
2Cases cited1 opinion
- People v. JewettNew York Supreme Court · 1829
3Cited by28 opinions
- People v. . CosmoNew York Court of Appeals · 1912
- United States v. ReedU.S. Circuit Court for the District of Northern New York · 1852
- Williams v. StateSupreme Court of Georgia · 1882
- State v. MillainNevada Supreme Court · 1867
- Johns v. HodgesCourt of Appeals of Maryland · 1883
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