State v. King
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson County. The defendant was tried before Galbjraith, J. The court erred in overruling the defendant’s challenge to the panel of the grand jury. (Laws of 16th Legislative Assembly, p. 166, §§ 4, 14; Comp. Laws, p. 427, § 119; p. 428, § 129; Mg Quillen v. State of Mississippi, 8 Smedes & M. 597.) The court cannot at his will discharge a grand jury regularly drawn.
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Appeal from Fifth Judicial District, Jefferson County. The defendant was tried before Galbjraith, J. The court erred in overruling the defendant’s challenge to the panel of the grand jury. (Laws of 16th Legislative Assembly, p. 166, §§ 4, 14; Comp. Laws, p. 427, § 119; p. 428, § 129; Mg Quillen v. State of Mississippi, 8 Smedes & M. 597.) The court cannot at his will discharge a grand jury regularly drawn. (State v. Bownan, 73 Iowa, 110; Judge v. State, 8 Ga. 173; Mosseau v. Veeder, 2 Or. 113; State v. Jacobs, 6 Tex. 99; O’Brynes v. State, 51 Ala. 25.) The judge and clerk alone should have…
1Opinion of the CourtBlake, C. J.
The defendant was found guilty of the crime of murder in the first degree, and this appeal has been taken from the order of the court below in overruling the motion for a new trial. The appellant aud George Peters were indicted January 14, 1890, by a grand jury, consisting of seven persons, and separate trials were demanded and allowed. The alleged offense was committed November 29, 1889, in the county of Jefferson.
The first error that is assigned appears in different motions, and relates to the organization of the grand jury that returned Ithe indictment. The following order was made at…
2Cases cited1 opinion
- People v. DavidsonCalifornia Supreme Court · 1855
3Cited by7 opinions
- Parker v. StateIndiana Supreme Court · 1894
- State v. GleimMontana Supreme Court · 1895
- State v. DisbrowSupreme Court of Iowa · 1906
- State v. HansenMontana Supreme Court · 1999
- Brooks v. CommonwealthCourt of Appeals of Kentucky · 1896
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