Randall v. State

The opinion of the court was delivered by

Dixon, J.

The plaintiff in error' was indicted, tried and convicted, in the General Quarter Sessions of Sussex county* for larceny, and now presents several reasons for reversal of the judgment.

The first is, that the grand jury, by which the indictment. was found, was legally a part of the Court of Oyer and Terminer, and, therefore, was incompetent to find an 'indictment in the Quarter Sessions.

The facts disclosed by the return to- the writ of error are* that the grand jury was returned by the sheriff into the Oyer and Terminer, at the opening of the…