State v. Jackson
Supreme Court of New Hampshire
Indictment for arson, found by a grand jury drawn from and attending a term of court held in the western judicial district, and charging that the offence was committed in a town which is in that district. The respondent moved to quash the indictment because the grand jury was not drawn from the whole county. The case came on for trial at a term held in the southern district, and the respondent claimed a challenge to the array of petit jurors drawn from that district.
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Indictment for arson, found by a grand jury drawn from and attending a term of court held in the western judicial district, and charging that the offence was committed in a town which is in that district. The respondent moved to quash the indictment because the grand jury was not drawn from the whole county. The case came on for trial at a term held in the southern district, and the respondent claimed a challenge to the array of petit jurors drawn from that district. Transferred without a ruling from the October term, 1913, of the superior court by Peaslee, J.
1Opinion of the Court
Peaslee, J.,
The first division of Grafton county into judicial districts was in 1841. The statute then passed provided in terms that all prosecutions for offences alleged to have been committed in either district should be had therein. Laws 1841, c. 598, s. 6. The limitation was retained, in condensed form, by the commissioners who revised the statutes the next year (Comm’rs’ Pep. R. S., c. 16, s. 15), but was amended by the legislature so that it applied only to civil cases. R. S., c. 16, s. 15. This provision has been reenacted in substance whenever the county has been divided into judicial…
2Cases cited2 opinions
- State v. SawtelleSupreme Court of New Hampshire · 1891
- State v. MooreSupreme Court of New Hampshire · 1896