Parus v. District Court of the Fourth Judicial District of the State of Nevada ex el. County of Elko
Nevada Supreme Court
Proceedings in prohibition by Arne W. Parus against the District Court of the Fourth Judicial District of the State of Nevada, in and for the County of Elko, and Hon. E. J. L. Taber, the Judge thereof. Coleman J., dissenting.
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Proceedings in prohibition by Arne W. Parus against the District Court of the Fourth Judicial District of the State of Nevada, in and for the County of Elko, and Hon. E. J. L. Taber, the Judge thereof. Coleman J., dissenting. Upon the record in the case, appellant challenges the jurisdiction of the district court to try him on the accusatory paper returned by the body assuming to act as a grand jury, and for the following reasons insists that a writ should issue prohibiting the said court from proceeding to try him under the so-called indictment: That the body which brought in this accusatory…
1Opinion of the Court
By the Court,
McCarran, C. J.:
1. This is a proceeding in prohibition. The petitioner was indicted by the grand jury of Elko County, eleven members of this body who participated in the finding of the indictment being men, the other members being women. As a primary contention, petitioner alleges that the indictment is invalid, because under our constitution and laws women are not eligible to serve as members of a grand jury. Section 8 of article 1 of our constitution provides:
“No person shall be tried for a capital or other infamous crime * * * except on presentment or indictment of the grand…
2Cases cited7 opinions
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Neal v. DelawareSupreme Court of the United States · 1881
- Bush v. KentuckySupreme Court of the United States · 1883
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- State v. HartleyNevada Supreme Court · 1895
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3Cited by20 opinions
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