Legal Opinion

State v. Symonds

Supreme Judicial Court of Maine

Decided July 1, 1853PublishedCited by 15 opinions

On Exceptions from Nisi Prius, Hathaway, J., presiding. At a Court held in May, 1853, by adjournment from the March Term, 1852, a bill of indictment was presented to the Court, certified by D. S., as foreman, charging that the defendant had in his possession, at one time, ten counterfeit and forged bank bills, each of the denomination of three dollars, purporting to be signed in behalf of the President, Directors and Company of the Medomak Bank, and to have been issued by…

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On Exceptions from Nisi Prius, Hathaway, J., presiding. At a Court held in May, 1853, by adjournment from the March Term, 1852, a bill of indictment was presented to the Court, certified by D. S., as foreman, charging that the defendant had in his possession, at one time, ten counterfeit and forged bank bills, each of the denomination of three dollars, purporting to be signed in behalf of the President, Directors and Company of the Medomak Bank, and to have been issued by said Bank, he at the same time well knowing the same to be forged and counterfeit, and intending to utter and pass the…

1Opinion of the Court

Howard, J. —

Every indictment must be found by a grand jury legally selected, and duly constituted, and competent for the purpose. Such jury must be composed of not less than twelve, nor more than twenty three, “good and lawful men;” and the concurrence of twelve, at least, of the panel, is necessary to the finding of an indictment. These are doctrines of the common Jaw, which we have adopted in criminal proceedings. Our constitution requires that “the Legislature shall provide by law a suitable and impartial mode of selecting juries, and their usual number and unanimity, in indictments and…

2Cited by15 opinions

  1. People v. LauderMichigan Supreme Court · 1890
  2. State v. HartleyNevada Supreme Court · 1895
  3. Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
  4. Gitchell v. PeopleIllinois Supreme Court · 1893
  5. State v. SmithCourt of Criminal Appeals of Oklahoma · 1958

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