State v. McCartey
Supreme Court of Minnesota
At a general term of tbe district court for Hennepin county, the defendant and one Jerry McCartey were jointly indicted for larceny, the indictment being entitled in the county of Hennepin, and charging that the defendant and Jerry at the city of Minneapolis “ did take, steal, and carry away ten barrels of flour, being then and there the property of, and in the possession of one William S. Judd and one George A. Brackett,” partners as Judd & Brackett.
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At a general term of tbe district court for Hennepin county, the defendant and one Jerry McCartey were jointly indicted for larceny, the indictment being entitled in the county of Hennepin, and charging that the defendant and Jerry at the city of Minneapolis “ did take, steal, and carry away ten barrels of flour, being then and there the property of, and in the possession of one William S. Judd and one George A. Brackett,” partners as Judd & Brackett. A challenge to the panel of the grand jury was overruled, and a motion was made and denied to quash the indictment, on the ground that it was…
1Opinion of the Court
By the Court.
Berry J.
I. The failure of a sufficient number of the persons, who had been regularly selected and summoned as grand jurors, to appear when called in court, presented a case of “deficiency of grand jurors” within the meaning of section 10, ch. 107, Gen. Stat. The defendant’s challenge to the panel was therefore properly overruled
II. The facts that the indictment is endorsed “ A true bill,” the endorsement signed, by the foreman, and the indictment properly filed, are evidence that the indictment has been found” by the grand jury. Ch. 108, sections 57, 60, Gen. St.
*81. The indictment…
2Cases cited4 opinions
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
- Selden, Withers & Co. v. Bank of CommerceSupreme Court of Minnesota · 1859
- Giltner v. GorhamU.S. Circuit Court for the District of Michigan · 1848
3Cited by25 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- Wall v. MeilkeSupreme Court of Minnesota · 1903
- Schuek v. HagarSupreme Court of Minnesota · 1877
- Becker v. NorthwaySupreme Court of Minnesota · 1890
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