Legal Opinion

Lang v. New Jersey

Supreme Court of the United States

Decided April 27, 1908No. 649PublishedCited by 12 opinions

ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. The facts are stated in the opinion. To challenge a grand juror for any ground of disqualification is the right at common law of any one who is under prosecution for any crime whatever. 2 Hawkins P. C., c. 25, § 16; 1 Bishop Crim. Pro. (3d ed.), § 676; 4 Crim. Law Magazine (March, 1883), 171 &c.

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ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. The facts are stated in the opinion. To challenge a grand juror for any ground of disqualification is the right at common law of any one who is under prosecution for any crime whatever. 2 Hawkins P. C., c. 25, § 16; 1 Bishop Crim. Pro. (3d ed.), § 676; 4 Crim. Law Magazine (March, 1883), 171 &c. If any one of the jurors of the grand jury which finds an indictment is disqualified, he vitiates the whole, though all the other jurors should be unexceptionable. 2 Hawkins, P. C., c. 25, § 28; 1 Bishop Crim. Pro., § 749, § 3884 (3d…

1Opinion of the CourtJustice McKenna

delivered the opinion of the court..Plaintiff in error was convicted in the Court of Oyer and Terminer of Middlesex County, N. J., of the crime of murder. His conviction was successively affirmed by the Supreme Court of the State and the Court of Errors and Appeals. 68 Atl. Rep. 210. He attacks the judgment on the ground that, he has been deprived of the equal protection of the laws, in violation of the Fourteenth Amendment of the Constitution of the United States, in that his motion to quash the indictment was denied, a plea in abatement overruled, and that he was required to answer the…

2Cases cited2 opinions

  1. Lee v. New JerseySupreme Court of the United States · 1907
  2. State v. LangSupreme Court of New Jersey · 1907

3Cited by12 opinions

  1. Graham v. West VirginiaSupreme Court of the United States · 1912
  2. State v. JohnsonSupreme Court of New Jersey · 1960
  3. State v. HauptmannSupreme Court of New Jersey · 1935
  4. State v. BogenSupreme Court of New Jersey · 1953
  5. State v. ReynoldsSupreme Court of New Jersey · 1963

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