Legal Opinion
State v. McCarthy
Supreme Court of New Jersey
Decided June 8, 1908PublishedCited by 7 opinions
On motion to quash indictment.
1Opinion of the Court
*296The opinion of the court was delivered by
Swayze, J.
The defendants were indicted at the Hudson Oyer and Terminer for conspiracy to obstruct a primary election by unlawfully arresting the election board. The indictment has been brought to this court by certiorari and a motion made to quash because of partiality on the part of the sheriff in selecting the grand jury.
A similar question was presented in Gibbs & Stanton v. State, 16 Vroom 379. In that case Chief Justice Beasley said: “That the prisoner, before he has pleaded, has the legal right to appeal to the discretion of the court to quash the…
2Cases cited4 opinions
- Neal v. DelawareSupreme Court of the United States · 1881
- Thompson v. UtahSupreme Court of the United States · 1898
- Brown v. StateSupreme Court of New Jersey · 1899
- Jones v. O'Farrel, James & Co.Nevada Supreme Court · 1865
3Cited by7 opinions
- Advisory Opinion to the SenateSupreme Court of Rhode Island · 1971
- Robinson v. StateMississippi Supreme Court · 1926
- State v. StewartNew Jersey Superior Court Appellate Division · 1949
- State v. JonesDelaware Court of Oyer and Terminer · 1947
- State v. Pennsylvania RailroadSupreme Court of New Jersey · 1913
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