Maher v. State
Supreme Court of Alabama
Error from Dallas Circuit Court — Before the lion. ' A. Crenshaw. Peter Maher was indicted in the Circuit Court of Dallas county, for an assault with intent to kill. On the trial of the cause, the defendant, by his counsel, moved the court to quash the indictment, on the ground', that the venire facias, on which the jury were summoned, did not issue under the seal of the court, but was merely subscribed by the clerk, in his official character..
Read the full summary
Error from Dallas Circuit Court — Before the lion. ' A. Crenshaw. Peter Maher was indicted in the Circuit Court of Dallas county, for an assault with intent to kill. On the trial of the cause, the defendant, by his counsel, moved the court to quash the indictment, on the ground', that the venire facias, on which the jury were summoned, did not issue under the seal of the court, but was merely subscribed by the clerk, in his official character.. The court overruled the motion, and the same was excepted to, and now assigned as error. Cired 7 Oomyn’s Dig-. 120 — 18 Johns. 212 — Aikin’s Dig. 298,…
1Opinion of the Court
By Mr. Justice Thornton :
This case, being an indictment for an assault with intent to kill, comes before us upon a reference of the point under the statute, as novel and difficult — Whether the venire facias, by virtue of which, the grand jury, who found the bill, were summoned, was void for want of the seal of office of the clerk who issued it ? A venire facias to summon jurors, as a common law writ, was always cither under the seal of the chief justice, or of the justices of the court of oyer and terminer, or at least of the clerk, when íssüed by him, from an order on the roll.,— The. mode…
2Cited by2 opinions
- Powell v. StateSupreme Court of Alabama · 1854
- Crain v. United StatesUnited States Court of Claims · 1890