State v. Conway
Supreme Court of Minnesota
The defendant was tried and convicted, in the district court for Waseca county, Lord, J., presiding, on an indictment for larceny of two horses.
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The defendant was tried and convicted, in the district court for Waseca county, Lord, J., presiding, on an indictment for larceny of two horses. He moved in arrest of judgment because the grand-jury list delivered to the cleric of the court was certified by the county auditor alone, and was not signed or certified by the chairman of the board of county commissioners, as required by Gen. St. c. 8, § 98, and because the oificer in charge of the jury had allowed them to separate after they had retired to consider of their verdict. On the latter ground, and because of the refusal of the court to…
1Opinion of the CourtCornell, J.
A motion in arrest of judgment in a criminal case cannot be predicated upon matter not appearing upon the face of the record. 3 Wharton Am. Cr. Law, § 3043 ; 1 Bish. Cr. Pro. § 850.
Conceding, then, that the list of persons selected by the board of county commissioners to serve as grand jurors was not properly certified and signed by the chairman of the board, prior to its delivery to the clerk of the district court, and that the statute in this regard is anything more than directory, this was a matter of which the defendant could *293take no advantage, after trial and verdict, on a motion in…
2Cases cited2 opinions
- State v. McCarteySupreme Court of Minnesota · 1871
- Eich v. TaylorSupreme Court of Minnesota · 1874
3Cited by9 opinions
- Lowry v. Southern Railway Co.Tennessee Supreme Court · 1906
- State v. SnowSupreme Court of Minnesota · 1915
- Bird v. StateSupreme Court of Florida · 1881
- State v. GeorgianSupreme Court of Minnesota · 1914
- State v. FramnessSupreme Court of Minnesota · 1890
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