Legal Opinion

Doyle v. State

Ohio Supreme Court

Decided December 15, 1848PublishedCited by 20 opinions

This is a Writ of Error directed to the Court of Common Pleas of Jefferson County, and made returnable in Bank. At the May Term of that Court, for the year 1848, an indictment was prefered against the plaintiff in error, containing three counts : the first, charging him with stabbing with intent to kill, the second with stabbing with intent to maim, and the third with stabbing with intent to wound.

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This is a Writ of Error directed to the Court of Common Pleas of Jefferson County, and made returnable in Bank. At the May Term of that Court, for the year 1848, an indictment was prefered against the plaintiff in error, containing three counts : the first, charging him with stabbing with intent to kill, the second with stabbing with intent to maim, and the third with stabbing with intent to wound. The plaintiff in error having plead not guilty, at the September Term asked leave to withdraw his plea, and to file a special plea, which being granted, he filed his special plea, setting forth…

1Opinion of the CourtRead, J.

The 1st section of the act relating .to jurors, provides that they shall be judicious persons having the qualification of electors. Fifteen qualified persons compose the grand jury, (§ 4.) Twelve of said jurors must agree before a bill of indictment or presentment shall be found, (§ 12.) No'man shall be put to answer any criminal charge but by presentment, indictment or impeachment. No persons can find an indictment but a grand jury. It requires fifteen qualified persons to compose' a grand jury. A less number is not a grand jury. Fourteen are not a grand jury. Fifteen not having the…

2Cited by20 opinions

  1. Brookshire v. BurkhartSupreme Court of Oklahoma · 1929
  2. Daley v. Board of Police Commissioners of East HartfordSupreme Court of Connecticut · 1947
  3. Smith v. Eureka Pipe Line Co.West Virginia Supreme Court · 1940
  4. Armstrong v. GrantSupreme Court of Kansas · 1871
  5. Nelson v. BeckerSupreme Court of Kansas · 1875

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