Wilburn v. State
Supreme Court of Arkansas
Appeal from Chicot Circuit Court. Hon. John C. Murray, Circuit Judge. It may well be doubted whether the decision in Straughan rs. The State, 16 Ark. 37, is correct; the power being expressly given to the County Court to select the grand jury, and the statute (sec. 4, chap. 98, Dig.,) only confers the power on the Circuit Court “ to supply the deficiency” in the panel of the grand jury.
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Appeal from Chicot Circuit Court. Hon. John C. Murray, Circuit Judge. It may well be doubted whether the decision in Straughan rs. The State, 16 Ark. 37, is correct; the power being expressly given to the County Court to select the grand jury, and the statute (sec. 4, chap. 98, Dig.,) only confers the power on the Circuit Court “ to supply the deficiency” in the panel of the grand jury. It may be that the Circuit Court would have had the inherent power to cause the grand jury to be summoned, had not the statute given the power to another tribunal. State vs. Brown, 10 Ark. 80; Stewart vs.…
1Opinion of the CourtJustice Compton
The appellant was indicted in the Chicot Circuit Court for retailing spirituous liquors contrary to the statute.
He pleaded in abatement, that four of the grand jurors by whom the indictment was found, were not selected by the County Court at its first term (which was held in April, 1858), but were selected at its second term (which was held in July, 1858,) after the last adjournment of the Circuit Court; and were summoned, sworn and empanneled as members of said grand jury, pursuant to the selection thus made.
A demurrer was sustained to the plea, and the appellant saying nothing further in…
2Cases cited7 opinions
- State v. SymondsSupreme Judicial Court of Maine · 1853
- Straugban v. StateSupreme Court of Arkansas · 1855
- State v. NewerIndiana Supreme Court · 1844
- Vattier v. StateIndiana Supreme Court · 1835
- Leathers v. StateMississippi Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Clawson v. United StatesSupreme Court of the United States · 1885
- Rowland v. StateSupreme Court of Arkansas · 1948
- Brewer v. StateSupreme Court of Arkansas · 1918
- Streett v. RobertsSupreme Court of Arkansas · 1975
- Harding v. StateSupreme Court of Arkansas · 1860
8 more not listed; retrieve them via the Exa API.