Adams v. State

Adams was tried at the August term, 1858, and convicted of the crime of grand larceny. Motions for a new trial, and in arrest, were overruled.

The motion in arrest of judgment should have been sustained. The record is clearly defective. It is insufficient in this, that it does not show the return of an indictment into .open Court by the grand jury, as required by the statute. *305Article 3, 2 R. S. p. 363, is in reference to the impanneling of a grand jury, and to the powers and duties thereof. The 16th section is, that “Each juror must take the usual oath. The Court must plainly instruct them as…