State v. Agnew
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. H. F. Thomason, Judge. Agnew was indicted and on trial for the sale of intoxicating liquors without a license. After the evidence for the State had been closed, and while a witness for the defense was being examined, the court discovered that the indorsement, “A true bill,” on the back of,the indictment had not been signed by the foreman of the grand jury.
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APPEAL from Logan Circuit Court. H. F. Thomason, Judge. Agnew was indicted and on trial for the sale of intoxicating liquors without a license. After the evidence for the State had been closed, and while a witness for the defense was being examined, the court discovered that the indorsement, “A true bill,” on the back of,the indictment had not been signed by the foreman of the grand jury. The court thereupon, on its own motion, discharged the jury and dismissed the cause on the ground that there was no indictment upon which the defendant could be convicted. The State excepted and appealed.…
1Opinion of the Court
Per Curiam :
Indictment. The provision that the foreman of the grand jury shall sign the indorsement, “A true bill,” upon indictments, is directory, and the objection to the irregularity is waived, unless made before pleading. People v. Lawrence, 21 Cal., 372; State v. Mertens, 14 Mo., 94; State v. Creighton, 1 Nott & McCord, 256; Wam-kod-chow-neck-kow v. U. S., Morris, 1 Iowa, 332; State v. Cox, 6 Ire., 440; State v. Powell, 24 Texas, 135; State v. Murphy, 47 Mo., 274; State v. Shipley, 10 Minn., 223; State v. Brandon, 28 Ark., 411; State v. Johnson, 33 Ark., 174.
Reverse and remand, with…
2Cases cited5 opinions
- People v. LawrenceCalifornia Supreme Court · 1863
- State v. ShippeySupreme Court of Minnesota · 1865
- State v. MurphySupreme Court of Missouri · 1871
- State v. MertensSupreme Court of Missouri · 1851
- State v. PowellTexas Supreme Court · 1859
3Cited by9 opinions
- State v. HeftSupreme Court of Iowa · 1912
- Higgins v. GagerSupreme Court of Arkansas · 1898
- State v. HillWest Virginia Supreme Court · 1900
- Withem v. StateSupreme Court of Arkansas · 1927
- State v. JonesSupreme Court of Louisiana · 1926
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