Hennigan v. State

In times past in our English heritage before the jury-trial process for criminal guilt determination was developed, the justice system invoked oath and ordeal. In one adaptation of ordeal, the accused was thrown into the water and if accepted thereby and not returned to the surface, he was determinably innocent; conversely, if repulsed by the water to return alive to the surface, he was guilty and therefore to be punished appropriately for his criminal character. M. Frankel and G. Naftalis, The Grand Jury, An Institution on Trial, p. 7 (1977); Murov, An Examination of The Grand Jury: Inquest…