Commonwealth v. Phipps

Court of Appeals of Kentucky

Commonwealth v. Phipps

5 Ky. Op. 759, 1872 Ky. LEXIS 365

DecidedJune 4, 1872

StatusPublished

This text of 5 Ky. Op. 759 (Commonwealth v. Phipps) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Phipps, 5 Ky. Op. 759, 1872 Ky. LEXIS 365 (Ky. Ct. App. 1872).

Pincite

Opinion

Opinion by

Judge Lindsay:

One of the reasons for which an indictment may be set aside is a substantial error in the summoning or formation of the grand jury. Criminal Code, Section 159.

Section 1, Article 1, Chapter 55, Revised Statutes, provides that a civil officer shall not be competent to serve upon a grand jury.

A processioner of lands is a civil officer. R. S., Chapter 60, Section 2.

As one of the grand jurors finding the indictment in this case was a processioner of lands, the court did not err in setting said indictment aside.

Judgment affirmed.

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