In re Davies
Supreme Court of Kansas
Original proceeding in habeas corpus. STATEMENT. At the November, 1908, term of the district court of Clay county, a grand jury was impaneled, charged, and sworn. It entered upon the performance of its duties, and was investigating the conduct of one.
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Original proceeding in habeas corpus. STATEMENT. At the November, 1908, term of the district court of Clay county, a grand jury was impaneled, charged, and sworn. It entered upon the performance of its duties, and was investigating the conduct of one. John Bellringer, to determine whether he had committed perjury in making a return, under oath, to the assessor of Highland township in said county, in June, 1903, in omitting to set forth all personal property which he was required by law to list for the purpose of taxation. To ascertain the amount of money Bell-ringer had on deposit on March 1,…
1Opinion of the Court
*794The opinion of the court was delivered by
Smith, J. :
Counsel for petitioner contends that the discharge of the the grand juror Lindner was an arbitrary act of the court, without justification in law, and that the substitution of another person in his stead divested the grand jury of jurisdiction to inquire concerning crimes committed in the county, or to indict persons therefor. It is unnecessary to discuss the question further than to say that the grand jury, when it propounded the question which the petitioner refused to answer, was at least a defacto body. ( The State v. Marsh, 13 Kan. 596;…
2Cases cited6 opinions
- Andrews v. SwartzSupreme Court of the United States · 1895
- In re GannonCalifornia Supreme Court · 1886
- State ex rel. Dunn v. NoyesWisconsin Supreme Court · 1894
- State v. MarshSupreme Court of Kansas · 1874
- Ex parte HaymondCalifornia Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Commercial Bank v. Atlanta & St. Andrews Bay Railway Co.Supreme Court of Florida · 1935