State v. Elson
Ohio Supreme Court
Bill of Exceptions by the prosecuting attorney to the decision of the court of common pleas of Coshocton county. At the January term, 1888, of the court of common pleas of Coshocton county, John D. Elson, Jr., and four others were jointly indicted for an assault and battery with felonious intent, upon the person of Enoch A. Randles.
Read the full summary
Bill of Exceptions by the prosecuting attorney to the decision of the court of common pleas of Coshocton county. At the January term, 1888, of the court of common pleas of Coshocton county, John D. Elson, Jr., and four others were jointly indicted for an assault and battery with felonious intent, upon the person of Enoch A. Randles. One of the grand jurors who returned the indicment had served as a regular juror in a court of record in said county within the two years next preceding the finding of the indictment. This was made the ground of a plea in abatement filed by the defendants, to…
1Opinion of the CourtWilliams, J.
The holding of the court of common pleas, in effect, was that the provision in section 5164 of the Revised Statutes, as amended April 29th, 1885 (82 O. L. 166), that “ the trustees of each township, and the council men of each ward, shall, on the day of the regular state election, annually, select of good j udicious persons, having the qualifications of an elector, who have not served as a regular juror in any court of record in the county during the two years last past, and not exempt bylaw from serving as jurors, the number of persons designated in the notice to be returned for jurors…
2Cases cited2 opinions
- People v. JewettNew York Supreme Court · 1831
- State v. CoxSupreme Court of Vermont · 1880