Medaris v. State
Tennessee Supreme Court
In this case an indictment was found against the plaintiff in error for larceny. On the back of the indictment was endorsed, “Indictment, John P. Thomas,” under which was drawn a black line, and then was endorsed, the name of John P. Thomas, and others, witnesses sworn and sent to tlio grand jury.
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In this case an indictment was found against the plaintiff in error for larceny. On the back of the indictment was endorsed, “Indictment, John P. Thomas,” under which was drawn a black line, and then was endorsed, the name of John P. Thomas, and others, witnesses sworn and sent to tlio grand jury. Upon the defendant being arraigned upon the bill of indictment, and before he pleaded thereto, he moved the court-to quash it, because there was no prosecutor marked thereon, which motion was refused by the court, whereupon the defendant pleaded not guilty, was tried and convicted, and sentenced to…
1Opinion of the CourtGreen, J.
By the act of 1801, c 30, § 1, it is enacted, that no bill of indictment shall be preferred to any grand jury in the state, without a prosecutor marked thereon.
By the second section it is enacted, that if a bill of indictment be preferred, contrary to the provisions of this act, the party so indicted may give the act in evidence, and the court shall order him to be discharged.
In the first place, it is insisted by the attorney general, that in this case there was a prosecutor marked on this indictment. The name of Jolin P. Thomas is written upon it twice, and where it first appears, it is said…
2Cited by1 opinion
- State v. MarksCourt of Criminal Appeals of Tennessee · 1970