Whitmore v. State
Supreme Court of Arkansas
APPEAL from liadison Circuit Court. Hon. J. M. Pittman Circuit Judge. 1. Serving on the grand jury that found the indictment • is no disqualification from serving on the petit jury, it is only grounds for challenge. Gantt’s Digest, Seo. 1911. 2. When the jury was sworn the jeopardy commenced, and when it was discharged or a juryman withdrawn it operated as an acquittal. Const., Art. 2, Seo. 8; Bishop Cr.
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APPEAL from liadison Circuit Court. Hon. J. M. Pittman Circuit Judge. 1. Serving on the grand jury that found the indictment • is no disqualification from serving on the petit jury, it is only grounds for challenge. Gantt’s Digest, Seo. 1911. 2. When the jury was sworn the jeopardy commenced, and when it was discharged or a juryman withdrawn it operated as an acquittal. Const., Art. 2, Seo. 8; Bishop Cr. Daw, 856-8; 26 Arle., 260. 3. Defendant being charged with a felony, waived none ot his legal rights by failing to move the court to discharge him when the juror was withdrawn. 19 Ark., 205.…
1Opinion of the CourtSmith, J.
Whitmore was indicted for a penitentiary of-fence. The indictment was not so defective that no valid judgment could be rendered upon it. The cause coming on for trial upon the plea of “ not guilty,” a jury wasimpaneled and sworn and the prosecuting attorney proceeded to open .the case. At this point Daniel Blevins, one of the jury that had been so selected and sworn, interposed and stated that he had been a member of the Grand Jury which returned the indictment. Thereupon, to use the language of the bill of exceptions, “ the court upon its own motion and without the consent of the defendant,…
2Cases cited1 opinion
- O'Brian v. CommonwealthCourt of Appeals of Kentucky · 1872
3Cited by27 opinions
- Jones v. StateSupreme Court of Arkansas · 1959
- Gillespie v. StateIndiana Supreme Court · 1907
- Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Sussman v. District Court of Oklahoma CountyCourt of Criminal Appeals of Oklahoma · 1969
- Stough Et Ux. v. StateCourt of Criminal Appeals of Oklahoma · 1942
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