Webb v. State
Ohio Supreme Court
Error to the Court of Common Pleas of Athens county. Webb was indicted and convicted of forgery. Three grounds of 'error are alleged to arise on the record, which, are in substance as follows : 1. The prosecuting attorney having demanded a struck j ury for the trial of the cause, under the act of April 26, 1878 (70 Ohio L. 171, 172), the defendant below, Webb, .objected to the clerk and auditor acting in the selection. of the list of names from which the jury was to be made…
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Error to the Court of Common Pleas of Athens county. Webb was indicted and convicted of forgery. Three grounds of 'error are alleged to arise on the record, which, are in substance as follows : 1. The prosecuting attorney having demanded a struck j ury for the trial of the cause, under the act of April 26, 1878 (70 Ohio L. 171, 172), the defendant below, Webb, .objected to the clerk and auditor acting in the selection. of the list of names from which the jury was to be made up, on the ground that they were disqualified, and moved that two persons having the proper qualifications be selected…
1Opinion of the CourtWhite, J.
The first question arises on the meaning of •section 16 of the act relating to juries.
The section is as follows: “ That if either the clerk of 'the court, auditor, or recorder aforesaid, shall be interested in the cause, or sick or absent from the county, or related to either of the parties, or do not stand indifferent between them, then, in every such case, either one of the judges entitled to hold such court may, in term time or vacation, .appoint some judicious or disinterested person to take the place of such officers so disqualified, in selecting and striking the jury, and to do and…
2Cases cited5 opinions
- Paine v. TildenSupreme Court of Vermont · 1848
- Stamper v. GriffinSupreme Court of Georgia · 1853
- Isler v. . DeweySupreme Court of North Carolina · 1874
- Wertz v. MaySupreme Court of Pennsylvania · 1853
- Harris v. StateIndiana Supreme Court · 1868
3Cited by29 opinions
- State v. BaylessOhio Supreme Court · 1976
- Goldsby v. United StatesSupreme Court of the United States · 1895
- Gertz v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
- Sheppard v. YocumOregon Supreme Court · 1882
- Miller v. United StatesCourt of Appeals for the Eighth Circuit · 1927
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