Barger v. State

Indiana Supreme Court

Barger v. State

6 Blackf. 188

DecidedMay 15, 1842

StatusPublished

This text of 6 Blackf. 188 (Barger v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barger v. State, 6 Blackf. 188 (Ind. 1842).

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Opinion

Blackford, J.

Indictment for malicious trespass. Plea in abatement, that the grand jurors who found the indictment had been selected by the board doing county business, more than one year before the first day of the term'of the Circuit Court at which the indictment was found. General demurrer to the plea, and the demurrer sustained. Plea, not guilty. Verdict and judgment for the State.

We think the demurrer to the plea in abatement should *have been overruled. According to the statute, grand jurors can only serve for one year from the time they are selected. Rev. Stat., 1838, p. 358.

Per Curiam.—The judgment is reversed. Cause remanded, &c. ■

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Blackford, J.

Indictment for malicious trespass. Plea in abatement, that the grand jurors who found the indictment had been selected by the board doing county business, more than one year before the first day of the term'of the Circuit Court at which the indictment was found. General demurrer to the plea, and the demurrer sustained. Plea, not guilty. Verdict and judgment for the State.

We think the demurrer to the plea in abatement should *have been overruled. According to the statute, grand jurors can only serve for one year from the time they are selected. Rev. Stat., 1838, p. 358.

Per Curiam.—The judgment is reversed. Cause remanded, &c. ■

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6 Blackf. 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barger-v-state-ind-1842.