State v. Roberts
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Appellant was convicted of obtaining money under false pretenses. “The general rule that the provisions of the law for drawing and summoning jurors are directory does not permit one to serve on a grand jury where his name was substituted by the sheriff for a name that was propeVly drawn from the jury-box.”
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Appellant was convicted of obtaining money under false pretenses. “The general rule that the provisions of the law for drawing and summoning jurors are directory does not permit one to serve on a grand jury where his name was substituted by the sheriff for a name that was propeVly drawn from the jury-box.” (State v. Paramore, 146 N. C. 604, 60 S. E. 502, and eases cited.) “When the defendant has not been held to answer before the indictment, he may move to set it aside on any ground which…
1Opinion of the Court
VARIAN, District Judge.
On March 25, 1915, appellant was indicted by the grand jury of Ada county for the crime of obtaining money under false pretenses. On April 12, 1915, a trial was had and resulted in a verdict of guilty. Judgment was pronounced May 4, 1915, and motion for a new trial made and overruled. Appellant appeals from the judgment and order overruling motion for a new trial.
Appellant contends that the grand jury that found the indictment in this action lacked legal integrity, first, because of the lack of legal residence of James G. Green, one of the grand jurors sworn, and,…
2Cases cited4 opinions
- People v. ButlerIdaho Supreme Court · 1869
- Nixon v. StateSupreme Court of Alabama · 1881
- State v. . ParamoreSupreme Court of North Carolina · 1908
- Territory v. StaplesIdaho Supreme Court · 1891
3Cited by5 opinions
- Gasper v. District Court of Seventh Judicial Dist.Idaho Supreme Court · 1953
- Munroe v. Sullivan Mining Co.Idaho Supreme Court · 1949
- State v. NadlmanIdaho Supreme Court · 1941
- Rich v. VarianIdaho Supreme Court · 1922
- State v. DallingIdaho Supreme Court · 1996