Hurley v. State

Patrick Hurley and James. Hurley were •jointly indicted in the Washington'circuit court, for murdering John Schiner, by shooting him with a gun. They severed, and James Hurley was tried on the plea of not guilty, verdict of murder in the first degree as charged, motion for new trial overruled, bill of exceptions, sentence of death and appeal.

Twenty-two grounds for a new trial were assigned in the motion :

I. That the court compelled the appellant to go to, trial-without being served, according to law, with a copy of the indictment.

The statute provides that: “ It shall be the duty of the clerk…