Wilson v. People
Supreme Court of Colorado
Error to DistrictJCourt of Jefferson County. At the October term, 1876, of the district court of Jefferson county, the sheriff returned a venire for a grand jury 'of nineteen served. Twelve of these were selected, impaneled .and sworn. They returned an indictment into court against the plaintiff in error for an assault with intent to murder. The defendant below was arraigned, pleaded not guilty, and being put upon trial was convicted.
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Error to DistrictJCourt of Jefferson County. At the October term, 1876, of the district court of Jefferson county, the sheriff returned a venire for a grand jury 'of nineteen served. Twelve of these were selected, impaneled .and sworn. They returned an indictment into court against the plaintiff in error for an assault with intent to murder. The defendant below was arraigned, pleaded not guilty, and being put upon trial was convicted. Motions for a new trial and in arrest of judgment were severally interposed and overruled; judgment was entered on the verdict and the defendant sentenced.
1Opinion of the CourtThatcher, C. J.
The grand jury system established by the Territorial legislature was materially modified by the constitution. At the common law a grand jury was composed of not more than twenty-three nor less than twelve good and lawful men, although twenty-four were usually summoned. If but twelve grand jurors constituted the panel they must have concurred to find an indictment. If the panel was made up of a larger number, twelve at least out of that larger number must have concurred.
Under the Territorial statute a grand jury was composed of not less than sixteen nor more than twenty-three persons, twelve…
2Cases cited4 opinions
- Chase v. StateMississippi Supreme Court · 1872
- Miller v. StateMississippi Supreme Court · 1872
- Bridges v. YoungCourt of Appeals of Kentucky · 1802
- Eppes v. StateTexas Supreme Court · 1853
3Cited by17 opinions
- Minich v. PeopleSupreme Court of Colorado · 1885
- Mulligan v. PeopleSupreme Court of Colorado · 1920
- Imboden v. PeopleSupreme Court of Colorado · 1907
- Higgins v. Brown, JudgeSupreme Court of Oklahoma · 1908
- Kelly v. PeopleSupreme Court of Colorado · 1891
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