State v. Jacobs
Texas Supreme Court
Appeal from Galveston. The record in this case disclosed the following facts : On the 29th of May,'A. D. 1850, a grand jury of sixteen persons were impaneled and sworn for the county of Galveston.
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Appeal from Galveston. The record in this case disclosed the following facts : On the 29th of May,'A. D. 1850, a grand jury of sixteen persons were impaneled and sworn for the county of Galveston. On the 31st of the same month the following entry was made upon the record: “This day the grand jurv came into comí-, and the district attorney, on motion, challenged the array of the grand j'nrors on the ground that three of the grand jurors’ names were not enrolled on the list required to be kept by the County Court of this county, to wit, David II. Grove, James Paul, and Garret Man Beutlmsen.”…
1Opinion of the CourtLipscomb, J.
There are two objections taken to the grand jury by which the bill in this case was returned :
1st. That the first was a legal grand jury, and there was no- ground for sustaining the challenge to the array.
Note 16.—Van Hook v. The State, 12 T., 252,
2d. That this second grand jury was drawn from a venire facias that had been -illegally Issued before the motion challenging the array had been made, and whilst the‘first was recognized as a legal jury.
The objection, supposed by the court below tobe fatal to the first grand jury, that three of their members who had been sworn were not qualified…
2Cited by8 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1888
- State v. CloughSupreme Judicial Court of Maine · 1861
- State v. CarlsonOregon Supreme Court · 1900
- State v. ReizSupreme Court of Louisiana · 1896
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