Legal Opinion

State v. . McNeill

Supreme Court of North Carolina

Decided October 5, 1885PublishedCited by 29 opinions

Grand Jury — Indictment—Practice— Quashing — Challenges to Jury. Indictment for Larch NY, tried before Meares, Judge, and a jury, at May Term, 1885, of the Criminal Court of New Hanover county. There was a verdict of guilty, and the defendants appealed. The facts sufficiently appear in the opinion.

1Opinion of the CourtMerrimon, J.

The interesting and important question, whether or not in this State, an indictment presented by the concurrence of only nine members of a grand jury, as allowed by the statute, (Acts 1885, eh. 63, §18), can be upheld as valid under the Constitution, is not presented by the record in this case, because, it appears affirmatively in the record that the indictment was presented in the manner and form, therein set forth, by twelve “good and lawful men, duly summoned, drawn and sworn, and charged to inquire for the State, of and concerning all crimes and offences,” &c. And upon the back of it is…

2Cases cited7 opinions

  1. State v. . KingSupreme Court of North Carolina · 1881
  2. State v. . WattsSupreme Court of North Carolina · 1880
  3. State v. . DixonSupreme Court of North Carolina · 1878
  4. State v. . ReelSupreme Court of North Carolina · 1879
  5. State v. . GainusSupreme Court of North Carolina · 1882

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3Cited by29 opinions

  1. McElroy v. United StatesSupreme Court of the United States · 1896
  2. State v. . BealSupreme Court of North Carolina · 1930
  3. State v. BealSupreme Court of North Carolina · 1930
  4. State v. . TooleSupreme Court of North Carolina · 1890
  5. State v. . MalpassSupreme Court of North Carolina · 1925

24 more not listed; retrieve them via the Exa API.

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