The Statutes of the State of Indiana, Containing the Revised Statutes of 1852; With the Amendments Thereto, and the Subsequent Legislation, with Notes and References to Judicial Decisions Volume 2

The Statutes of the State of Indiana, Containing the Revised Statutes of 1852; With the Amendments Thereto, and the Subsequent Legislation, with Notes and References to Judicial Decisions Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ... defendant in a criminal case may consent to n correction oi an indictment in open court, so as to obviate the necessity of its being sent back to the grand jury for that purpose. 14 Ind. 39. f. Although the sittings of the grand jury are secret, their proceedings may be disclosed in evidence. 11 Ind. 474; 5 Blackf. 21; 34 Ind. 889. 2. It is the duty of the court to instruct the grand jury, but a failure to do so does not oifcct the validity of their presentmcnts. 24 Ind. 142. 3. The act of March 13, 1875, provides that the grand jury shall be constituted of six persons, and the concurrence of five shall be necessary. This act is set out as a note to chapter 4, part third, post, p. 1117. 4. Where the record doesnot affirmatively show the return of an indlctmentby the grand jury into open court, e. motion in arrest of judgment should be sustained. 11 Ind. 804; 16 Id. 458. The omission to make an entry of this fact may be supplied nunc pro tune. 14 Ind. 426. g. When the point is made for the first time in the supreme court, that the indictment was not indorsed, " n true bill," by the foreman of the grand jury, the cause will not be reversed. 2 Blackf. 151; 4 Black. 101. h. Where the record states that the grand jurors returning n verdict were " good and lawful men householders " oi the proper county, it will be presumed that they possessed all the statutory qualifications. 46 Ind. 863. 5. Where an indictment was not signed by the prosecuting attorney, and the record did not show that it was returned by the grand jury 2 Held, that n motion to quash should have been susiuincd. 42 Ind. 393. See 11 Id. 304; 21 Id. 79, 171, 268; 17 Id. 4:15; 18 H.428; 89 Id. 4.38. 1'. The record nccd not show that the indictment was signed...show more

Product details

  • Paperback | 498 pages
  • 189 x 246 x 25mm | 880g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236831918
  • 9781236831910