State v. Hawkins
Supreme Court of Arkansas
Writ of 'Error to Pulaski Circuit Court. Indictment against Jacob Hawkins for keeping a gaming table, determined in the Pulaski Circuit Court, at the October Term, 1848, before the Hon Wwt. H. Field, Judge.
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Writ of 'Error to Pulaski Circuit Court. Indictment against Jacob Hawkins for keeping a gaming table, determined in the Pulaski Circuit Court, at the October Term, 1848, before the Hon Wwt. H. Field, Judge. Defendant filed a plea in abatement as follows: “ And the said Jacob Hawkins in his own proper person com-eth into Court here, and having heard the said indictment read, saith that the said Richard L. Galloway, jr., who was one of the Grand Jurors by whom the said indictment was found and returned into Court here a true bill, was not, when said Grand Jury was empanelled, nor at any time…
1Opinion of the CourtChief Justice Johnson
The legal effect of the replication of the State to the defendant’s plea in abatement is to admit the existence of the fact set up in the plea, but in avoidance to charge that, notwithstanding such disqualification, there were a sufficient number of Grand Jurors concurring in the finding of the bill to constitute it a good and valid indictment. The only question then that is presented, is whether an indictment found by fourteen Grand Jurors only, is a good and valid indictment. The 64th Sec. of Chap. 52, of the Digest, declares that “ There shall be not less than 16 persons sworn on any Grand…
2Cited by1 opinion
- Stillwell v. BadgettSupreme Court of Arkansas · 1860