State v. Vahl
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. J. M. Maxcy. Conviction for larceny of a hog, of the value of four dollars, at the Spring Term, 1857, on an indictment found on the 15th of Nov. 1855. Judgment arrested on the ground that the grand jury, by which the indictment was returned, was not a lawful grand jury.
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Appeal from Jefferson. Tried below before the Hon. J. M. Maxcy. Conviction for larceny of a hog, of the value of four dollars, at the Spring Term, 1857, on an indictment found on the 15th of Nov. 1855. Judgment arrested on the ground that the grand jury, by which the indictment was returned, was not a lawful grand jury. There was a short statement of facts’ in these words, “ That the indictment was found by a grand jury that had been and was at this Term of the Court, after the verdict in this case, determined to be an illegal grand jury, because one of the grand jurors did not reside in the…
1Opinion of the CourtWheeler, J.
By the Common Law, a motion in arrest of judgment would lie only for matters apparent upon the record; and this principle of the Common Law is enacted in the Code. (Code of Criminal Procedure, Art. 675.)
Again, by Art. 401 of the Code, and the provisions to which reference is made therein, it is enacted, in substance, that no objection can be taken to an indictment, on the ground that the grand jury finding the same was not properly constituted. Objections to the competency of grand jurors can only be taken by challenge. (Ib. & Art. 361, et seq.) As the indictment was found before the Code…
2Cited by4 opinions
- Powell v. StateCourt of Criminal Appeals of Texas · 1924
- Woods v. StateCourt of Appeals of Texas · 1888
- Welch v. StateCourt of Criminal Appeals of Texas · 1912
- Beardall v. StateCourt of Appeals of Texas · 1880