Legal Opinion

State v. Claybaugh

Supreme Court of Missouri

Decided May 18, 1909PublishedCited by 4 opinions

Appeal from Grundy Circuit Court. — Eon. Geo. W. Wanamaker, Judge. (1) The disqualification of the foreman is conceded, and such a case is not to he confounded with those where a mere irregularity in selection is shown.

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Appeal from Grundy Circuit Court. — Eon. Geo. W. Wanamaker, Judge. (1) The disqualification of the foreman is conceded, and such a case is not to he confounded with those where a mere irregularity in selection is shown. As to qualification of jurors, the statute .is mandatory; as to mode of selection, it is merely directory. 20 Cyc. 1303; R. S. 1899, sec. 3774; State v. Beckley, 18 Mo. 428; State v. Welch, 33 Mo. 33. (2) In' prosecution by indictment, due process of law requires that the bill be legally found by a grand jury of twelve. Legislatures may make reasonable regulations as to the…

1Opinion of the CourtFox, J.

The defendant in this cause was convicted in the Grundy Circuit Court of petit larceny.

The offense of which the defendant was convicted and upon which the judgment in this cause is predicated is a misdemeanor. On the 3d day of February, 1905, the grand jury of Grundy county returned into court an indictment charging defendant with having stolen certain turkeys, the property of one W. O. Garnand. Such property was alleged to be of the value of $17.50.

At the June term, 1905, defendant filed his motion to quash the indictment on the ground that B. F. Hyatt, foreman of the grand jury which…

2Cases cited3 opinions

  1. Crowley v. United StatesSupreme Court of the United States · 1904
  2. People v. RomeroCalifornia Supreme Court · 1861
  3. State v. WarnerSupreme Court of Missouri · 1901

3Cited by4 opinions

  1. State v. WashingtonSupreme Court of Missouri · 1912
  2. State v. HaroldSupreme Court of Missouri · 1954
  3. State v. ChristopherSupreme Court of Missouri · 1931
  4. American Nat. Ins. Co. v. FrankelCourt of Appeals of Texas · 1917

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