Brewer v. State
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court, Southern Division; J. M. Jackson, Judge; 1. It is clear that the statutes regulating the selection of the grand jury were not complied with. If these statutes are mandatory, the case should be reversed with directions to quash the indictment. Kirby & Castle’s Dig., § 2362, 5227, 5233, 5234, 5246, 5247; 60 Ark. 589; 75 W. Va. 7; 89 Miss. 147; 10 Am. Cases, 963-967; 17 Am. & Eng.
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Appeal from Woodruff Circuit Court, Southern Division; J. M. Jackson, Judge; 1. It is clear that the statutes regulating the selection of the grand jury were not complied with. If these statutes are mandatory, the case should be reversed with directions to quash the indictment. Kirby & Castle’s Dig., § 2362, 5227, 5233, 5234, 5246, 5247; 60 Ark. 589; 75 W. Va. 7; 89 Miss. 147; 10 Am. Cases, 963-967; 17 Am. & Eng. Enc. of L. (2 ed.), 1262. No cause is shown by the records or testimony why commissioners were not appointed, etc., and no orders were made and entered of record declaring…
1Opinion of the CourtHart, J.
Trigger Brewer was tried before a jury and convicted of the crime of accessory before the fact of robbery and from the judgment of conviction has duly prosecuted an appeal to the court.
His first assignment of error is that the judgment should be reversed because the court refused to quash the indictment against him. Section 2279 of Kirby’s Digest provides in substance that a motion to set aside the indictment can be made for substantial error in the summoning or formation of the grand jury. Under this section, the defendant moved to quash the indictment on the following grounds:
“That the…
2Cases cited5 opinions
- Wilburn v. StateSupreme Court of Arkansas · 1860
- Bates v. StateSupreme Court of Arkansas · 1895
- Straugban v. StateSupreme Court of Arkansas · 1855
- Earnest v. StateSupreme Court of Arkansas · 1915
- Celender v. StateSupreme Court of Arkansas · 1908
3Cited by15 opinions
- Underwood v. StateSupreme Court of Arkansas · 1943
- Middleton v. StateSupreme Court of Arkansas · 1924
- The People v. BlumenfeldIllinois Supreme Court · 1928
- Bennett and Holiman v. StateSupreme Court of Arkansas · 1940
- Casteel v. StateSupreme Court of Arkansas · 1921
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