Low's case
Supreme Judicial Court of Maine
Ax indictment was found at the last Jlpril term in this county, against this defendant, for the alleged forgery of a deed.
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Ax indictment was found at the last Jlpril term in this county, against this defendant, for the alleged forgery of a deed. At. the last September term, being brought in to plead to the indictment, he filed a motion in writing uuder oath, in these words : — “ And now the said John Low comes into court, and alleges that he ought not to be boldest to answer to this indictment, because he says that the said indictment was not found by any twelve of the grand jury ; but simply by a majority of the number who constituted the grand jury panel, at the court at which said bill purports to be found.…
1Opinion of the Court
Weston J.
In the ease before us, no objection was made te the indictment at the term in which it was found. The party accused has not been recognized to appear at that term ; nor was he required to answer, nor did he appear, until the succeeding term. lie then made the motion, now under consideration, to the presiding judge, who received the affidavits of the foreman and of four other jurors, de bene esse, and ordered the continuance of the indictment and of the motion, that it might be determined by the whole court. The preliminary question now presented is, whether the court will so far…
2Cited by14 opinions
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- State of Maine v. Rayshaun MooreSupreme Judicial Court of Maine · 2023
- State v. LawrenceOregon Supreme Court · 1885
- State v. SmithCourt of Criminal Appeals of Oklahoma · 1958
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