State v. Crilly

The opinion of the court was delivered by

Mason, J. :

Joseph Crilly appeals from a conviction' in the district court of Cherokee county upon an indictment charging violations of the prohibitory liquor’ law. The facts, so far as need be stated, appear in-connection with the discussion of the several assignments of error.

It is contended by appellant that there is nothing in the record showing that the indictment was returned by the grand jury in open court, and that the judgment should be reversed on this account. Such an omission has often been held fatal to the prosecution (10 Encyc. PI. & Pr.…