State v. Grady
Supreme Court of Missouri
Appeal from 81. Louis Court of Appeals. Grand juries are at liberty to find bills upon their own knowledge merely, and were anciently in the habit of so doing'. Leg. v. Lies sell, Car. and M. 247 ; Whar. Cr. PI. and Pr., sec. 388 (8 Ed.) ; State v. Terry, 30 Mo. 368. In this state it is made the duty of a grand juror to disclose his knowledge of indictable offences and be sworn as a witness.
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Appeal from 81. Louis Court of Appeals. Grand juries are at liberty to find bills upon their own knowledge merely, and were anciently in the habit of so doing'. Leg. v. Lies sell, Car. and M. 247 ; Whar. Cr. PI. and Pr., sec. 388 (8 Ed.) ; State v. Terry, 30 Mo. 368. In this state it is made the duty of a grand juror to disclose his knowledge of indictable offences and be sworn as a witness. Sec. 1779, R. S., 1879. Since grand juries may find bills on their own knowledge, and might do so in any given case, no inquiry can be made as to the evidence upon which they based their finding, for a…
1Opinion of the CourtNorton, J.
The defendant was indicted for robbery in the first degree in St. Louis criminal court. Upon the trial of the cause he was convicted of grand larceny and sentenced to five years in the penitentiary, from which judgment he appealed to the St. Louis court of appeals, which reversed the judgment and remanded the cause and the case is before us on the appeal of the state. In the trial court defendant filed a motion to quash the indictment, and a plea in abatement setting forth the fact that the grand jury had found the indictment without having any testimony before them touching the guilt or…
2Cases cited4 opinions
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- State v. FroisethSupreme Court of Minnesota · 1871
- State v. RoySupreme Court of Missouri · 1884
3Cited by29 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. SelleSupreme Court of Missouri · 1963
- State v. ShawleySupreme Court of Missouri · 1933
- Moss v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. HillMissouri Court of Appeals · 1981
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