Breysacher v. State
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court,’ Chickasáwba District; W. J. Driver, Judge; STATEMENT BY THE COURT. At a regular term of the circuit court of Mississippi County, the prosecuting attorney petitioned the court for an order impaneling a special grand jury to inquire into the killing of one Johnny Bryeans which occurred after the regular grand jury had adjourned.
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Appeal from Mississippi Circuit Court,’ Chickasáwba District; W. J. Driver, Judge; STATEMENT BY THE COURT. At a regular term of the circuit court of Mississippi County, the prosecuting attorney petitioned the court for an order impaneling a special grand jury to inquire into the killing of one Johnny Bryeans which occurred after the regular grand jury had adjourned. The court granted the petition and issued an order, which is designated as a scire facias, to the sheriff of Mississippi County, commanding him forthwith to summons from the body of the electors “sixteen good and lawful men to…
1Opinion of the CourtWood, J.
(after stating the facts). Appellant contends that the court erred in overruling his motion to quash the indictment because the order calling for a special grand jury was not entered on-the minutes of the court and was directed to the clerk instead of the sheriff, and because it was designated a scire facias instead of a venire facias. There is nothing in any of these objections.(1) The statute * provides: “If any -offense be -committed or discovered during the sitting of any court after the grand jury attending such court shall have been discharged, such court may, in its discretion, by an…
2Cases cited2 opinions
- Dawson v. StateSupreme Court of Arkansas · 1915
- Dear v. StateSupreme Court of Arkansas · 1907
3Cited by2 opinions
- Rowland v. StateSupreme Court of Arkansas · 1948
- Browning v. StateSupreme Court of Arkansas · 1961