State v. Clough
Supreme Judicial Court of Maine
On Report. This was au indictment for perjury, found at the March term, 1861. Before pleading, the respondent moved to quash the indictment, because the grand jury that found it was not legally drawn, and had no power to act in the premises, for the following reasons, which fully appear by the record thei*eof here in Court produced and made a part of this motion: — 1. The venires are insufficient and defective in not speci-* fying the manner of notifying and warning the town…
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On Report. This was au indictment for perjury, found at the March term, 1861. Before pleading, the respondent moved to quash the indictment, because the grand jury that found it was not legally drawn, and had no power to act in the premises, for the following reasons, which fully appear by the record thei*eof here in Court produced and made a part of this motion: — 1. The venires are insufficient and defective in not speci-* fying the manner of notifying and warning the town meeting for the draft of said jurors, according to the requirement of the statute in such case made and provided. 2.…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
To the indictment in this case the defendant filed a written motion, in the nature of a plea in abatement, praying that it might be quashed, for the reason that some of the grand jurors by whom it was found were not legally drawn, and had no authority to act in the premises. The ■validity of the indictment is submitted to us, by agreement, upon the facts which appear by the venires, and the returns thereon.
The venires did not direct the constables to whom they were sent, in what manner they should notify the meetings in their respective towns…
2Cases cited3 opinions
- Shattuck v. StateIndiana Supreme Court · 1859
- Perkins v. SmithIndiana Supreme Court · 1837
- State v. JacobsTexas Supreme Court · 1851
3Cited by15 opinions
- State v. BatesIndiana Supreme Court · 1897
- The People v. MunsonIllinois Supreme Court · 1925
- Rennert v. StateIndiana Supreme Court · 1975
- State v. BrewsterSupreme Court of Vermont · 1898
- State v. NaoumSupreme Judicial Court of Maine · 1988
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