Legal Opinion

State v. Gibbs

Huron County Court of Common Pleas

Decided June 24, 1909Published

1Opinion of the CourtPhillips, J.

Heard, on motions to quash and demurrers..Many of these cases involve the requisite of certainty in statement, and sufficiency of description in the indictments, and I desire at the outset to advert to the requirements of the Constitution and the laws in that regard.

■The Bill of Rights provides that “no person shall be held to answer for a crime, unless on presentment or indictment. ’ ’ And, “the party accused shall be allowed to demand the nature and cause of the accusation against him.”

In considering this constitutional provision, the Supreme Court has held that the indictment must aver all…

2Cases cited4 opinions

  1. Connor v. StateSupreme Court of Florida · 1892
  2. In re WatermanNevada Supreme Court · 1907
  3. State v. LewisSupreme Court of Kansas · 1881
  4. Bracey v. StateMississippi Supreme Court · 1886

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