State v. Hoyt
Supreme Court of Minnesota
Tbe defendant was indicted at tbe May term, 1867, of tbe District Court for Nice County, for tbe murder of Josiah E. Stamford, on the 30th day of April, 1867, and tbe defendant arraigned. A motion was made by his counsel to set aside tbe indictment, and denied, and defendant excepted; which sufficiently appears in the opinion of the Court. The canse was brought to trial at the October term, 1867, of said Court.
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Tbe defendant was indicted at tbe May term, 1867, of tbe District Court for Nice County, for tbe murder of Josiah E. Stamford, on the 30th day of April, 1867, and tbe defendant arraigned. A motion was made by his counsel to set aside tbe indictment, and denied, and defendant excepted; which sufficiently appears in the opinion of the Court. The canse was brought to trial at the October term, 1867, of said Court. The homicide was established by admissions of the defendant made soon after, and the wounds described in the indictment as “ one mortal wound in and upon the back side of the head, and…
1Opinion of the Court
By the Court
Berry, J.—
I. —The defendant was indicted by a. grand jury of Rice County for murder. Upon being brought into Court and arraigned, his counsel moved to set aside the indictment upon the ground “ that he was confined in jail at the time that the grand jury- were impanneled, sworn and engaged in finding the said indictment, and had no opportunity to challenge the panel of the' grand jury, or any individual grand juror.” The denial of this motion is the first alleged error. The case shows that no attempt was made to interpose a challenge, and, although the fact may not be important,…
2Cases cited7 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- State v. StarrSupreme Court of Missouri · 1866
- Sanchez v. . the PeopleNew York Court of Appeals · 1860
- State v. ShippeySupreme Court of Minnesota · 1865
- State v. BrownSupreme Court of Minnesota · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Johnson v. StateWisconsin Supreme Court · 1906
- Cook v. StateSupreme Court of Florida · 1903
- Gipe v. StateIndiana Supreme Court · 1905
- State v. LautenschlagerSupreme Court of Minnesota · 1876
- Jacobs v. CommonwealthSupreme Court of Virginia · 1922
10 more not listed; retrieve them via the Exa API.