Legal Opinion

Baker v. State

Supreme Court of Arkansas

Decided March 3, 1894PublishedCited by 17 opinions

Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. Gilbert Baker bas appealed from a conviction of the crime of receiving stolen goods under an indictment containing two counts, — the first for grand larceny, the second for receiving stolen goods. Defendant moved to set aside the indictment upon the following grounds: “(1) The said indictment was not found or presented by sixteen good and lawful, fair and impartial, jurors.

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Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. Gilbert Baker bas appealed from a conviction of the crime of receiving stolen goods under an indictment containing two counts, — the first for grand larceny, the second for receiving stolen goods. Defendant moved to set aside the indictment upon the following grounds: “(1) The said indictment was not found or presented by sixteen good and lawful, fair and impartial, jurors. (2) E. S. Ready, the injured party named in the indictment herein, was a grand juror and member of the grand jury by whom said indictment was preferred, and had…

1Opinion of the CourtHughes, J.

_ i. whenobto^ornpetency oí grand jurors. The demurrer of the appellee to the second, third and fourth grounds of appellant’s motion . ° x to quash the indictment was properly sustained. There was no evidence to sustain the first and fifth grounds of the motion. The sixth ground was merely formal.

“ Sec. 2098, Mansf. Dig., which provides that ‘every person held to answer a criminal charge may object to the competency of any one summoned to serve as a grand juror, before he is sworn, on the ground that he is the prosecutor or complainant upon any charge against such person, or that he is a…

2Cases cited6 opinions

  1. Commonwealth v. MasonMassachusetts Supreme Judicial Court · 1870
  2. Mabry v. StateSupreme Court of Arkansas · 1888
  3. Bearden v. StateSupreme Court of Arkansas · 1884
  4. Gore v. StateSupreme Court of Arkansas · 1889
  5. Farris v. StateSupreme Court of Arkansas · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Davidson v. StateSupreme Court of Arkansas · 1913
  2. Hill v. StateSupreme Court of Arkansas · 1972
  3. Jessica A. Lihlakha v. United StatesDistrict of Columbia Court of Appeals · 2014
  4. Hommer v. StateCourt of Appeals of Maryland · 1897
  5. Jones v. StateSupreme Court of Arkansas · 1912

12 more not listed; retrieve them via the Exa API.

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