Legal Opinion

State v. Clarkson

Supreme Court of Alabama

Decided January 15, 1842PublishedCited by 19 opinions

Question reserved by the Circuit Court of Mobile county. THE defendant was indicted at the special Term of the Circuit Court of Mobile county, held in February, 1841, for keeping and exhibiting a faro-bank.

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Question reserved by the Circuit Court of Mobile county. THE defendant was indicted at the special Term of the Circuit Court of Mobile county, held in February, 1841, for keeping and exhibiting a faro-bank. He pleaded in abatement of the indictment, as follows: 1. That, the indictment was not preferred to, nor was the same inquired of, and a true bill found thereon, by a grand jury of good and lawful men, free-holders and house-holders, summoned and returned, or elected, impannelled, charged and sworn, agreeable to law, &c. 2. That the said indictment was not found, &e. agreeably to the laws…

1Opinion of the CourtGoldthwaite, J.

1. It appears from the statement of pleadings, and facts connected with the questions referred, that three distinct classes of defences, were at issue before the jury. The first of which, denies that the indictment was found by a grand jury constituted in conformity with the requisitions of the act of 1836 ; Aikin’s Digest, 624. The second relates exclusively to the disqualification of individual jurors. And the third, asserts that the indictment was neither found by a grand jury consisting of the requisite number of jurors, nor returned into Court, according to the forms of law.

The…

2Cases cited2 opinions

  1. State v. WilliamsSupreme Court of Alabama · 1837
  2. State v. MatthewsSupreme Court of Alabama · 1839

3Cited by19 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. Sparrenberger v. StateSupreme Court of Alabama · 1875
  3. Hubbard v. StateSupreme Court of Alabama · 1882
  4. Jackson v. StateSupreme Court of Alabama · 1883
  5. Mose v. StateSupreme Court of Alabama · 1860

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