State v. Powell
Supreme Court of New Jersey
INDICTMENT FOE MANSLAUGHTEB. The defendant, Job Powell, was indicted for manslaughter at tbe Burlington Oyer and Terminer, in May, 1823, for killing one Adam Enghard.
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INDICTMENT FOE MANSLAUGHTEB. The defendant, Job Powell, was indicted for manslaughter at tbe Burlington Oyer and Terminer, in May, 1823, for killing one Adam Enghard. Upon his arraignment, Mr. Sims, tbe prosecuting attorney, observed, that by tbe coroner's inquisition, which had been taken and returned in this case, the defendant was charged with murder; and be applied to the court for directions * whether he should proceed to try the prisoner upon the inquisition or upon, the indictment, observing, that in England he might be tried upon either, and that our statute seemed to recognize the…
1Opinion of the Court
Kirkpatrick, O. J.
There is no question at all that in this state we can proceed only upon the presentment of the grand jury.*
The prisoner having pleaded not guilty on Wednesday, it was proposed by the defendant’s counsel to waive the right to a copy of the indictment'two entire days before the trial, to (which the prisoner was entitled by the statute) and to have the cause set down for Friday.
Kirkpatrick, C. J.
Where the indictment is for murder, we do not allow the counsel to waive the right to a copy (two entire days previous to the trial), but where it is only for manslaughter they may do…
2Cited by2 opinions
- State v. BranchSupreme Court of New Jersey · 2005
- In Re Camden County Grand JurySupreme Court of New Jersey · 1952