Mackey v. People
Supreme Court of Colorado
Error to District Court, Arapahoe County. At the November term, A. D. 1870, Richard Mackey was indicted for the murder of Charles Laughrey, in the Grilpin county district court. The facts respecting the summoning of the grand jury are sufficiently stated in the opinion. The cause was removed to Arapahoe county by change of venue, where a trial was had and the jury found the prisoner guilty of involuntary manslaughter.
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Error to District Court, Arapahoe County. At the November term, A. D. 1870, Richard Mackey was indicted for the murder of Charles Laughrey, in the Grilpin county district court. The facts respecting the summoning of the grand jury are sufficiently stated in the opinion. The cause was removed to Arapahoe county by change of venue, where a trial was had and the jury found the prisoner guilty of involuntary manslaughter. At the trial it appeared that the homicide occurred in a saloon kept by one McLaughlin, in the town of Nevada, on the 13th November, 1870 ; that the prisoner was drunk and that…
1Opinion of the CourtHallett, C. J.
The indictment was found at the November term, 1870, of the Gfilpin district court, by a grand jury summoned by the sheriff under a special venire, issued after the regular panel of grand jurors for that term had been discharged. A challenge to the array was interposed by the prisoner before the jury was sworn, by which the power of the court to proceed in that manner was denied, and this presents the first question for consideration. It is claimed that the statute regulating the manner of selecting jurors (R. S. 387) points out the only method by which jurors can be lawfully selected, and…
2Cases cited9 opinions
- People v. ScottMichigan Supreme Court · 1859
- The People v. . GonzalezNew York Court of Appeals · 1866
- Shorter v. . the PeopleNew York Court of Appeals · 1849
- State v. StaleySupreme Court of Minnesota · 1869
- Brooster v. StateIndiana Supreme Court · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1908
- Walker v. PeopleSupreme Court of Colorado · 1952
- Williams v. WilliamsSupreme Court of Colorado · 1894
- Clare v. PeopleSupreme Court of Colorado · 1886
- Imboden v. PeopleSupreme Court of Colorado · 1907
14 more not listed; retrieve them via the Exa API.