Commonwealth v. Bannon
Massachusetts Supreme Judicial Court
Three indictments for being common sellers and making unlawful sales of intoxicating liquors. Each indictment purported to have been found at December term 1866 of the superior court for Hampden, the first day of which term was Monday, December 3, and to have been returned into court on Tuesday, December 11. The pleadings were the same in each case.
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Three indictments for being common sellers and making unlawful sales of intoxicating liquors. Each indictment purported to have been found at December term 1866 of the superior court for Hampden, the first day of which term was Monday, December 3, and to have been returned into court on Tuesday, December 11. The pleadings were the same in each case. In each the defendant filed a special plea in bar, averring “ that upon December 3 the criminal term of this court provided for by law was opened, the Hon. Lincoln F. Brigham, one of the justices thereof, presiding; that upon said day said justice…
1Opinion of the CourtBigelow, C. J.
Assuming that the question which the defendant seeks to raise in this case, is rightly before us, we are all of opinion that there has been no irregularity in the proceedings of the grand jury, and that the indictment against the defendant has been duly found and presented.
It is true, as the defendant contends, that the grand jury is a constituent part or branch of the court, and that it can be organized and empowered to discharge the legal functions imposed on it only by virtue of the authority which it derives as a body of men sworn and impanelled in open court in the mode prescribed by…
2Cited by19 opinions
- United States v. SmythDistrict Court, N.D. California · 1952
- Commonwealth v. McNaryMassachusetts Supreme Judicial Court · 1923
- Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Gendron v. BurnhamSupreme Judicial Court of Maine · 1951
- Jones v. McClaughrySupreme Court of Iowa · 1915
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