State v. Herndon

Indiana Supreme Court

State v. Herndon

5 Blackf. 75, 1839 Ind. LEXIS 8

CourtIndiana Supreme Court

DecidedMay 20, 1839

StatusPublished

Cited by11 cases

This text of 5 Blackf. 75 (State v. Herndon) 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

State v. Herndon, 5 Blackf. 75, 1839 Ind. LEXIS 8 (Ind. 1839).

Pincite

Opinion

Dewey, J.

Indictment for assault and battery. The defendant pleaded in abatement that one of the grand jurors who preferred the bill, and who had been selected as a talesman, was not a householder or freeholder. The state demurred; the demurrer was overruled, and the defendant discharged.

The Circuit Court was correct in sustaining the plea. The statute regulating the mode of summoning grand and [76]*76petit jurors, requires that the jurors be selected from the list of taxable persons, and that they be good reputable freeholders or householders of the proper county. Rev. Code, 1831, p. 291. A talesman is such a person as is qualified to be on the original panel.

TY. Quarles, for the state. T. J. Evans, for the defendant.

If a grand juror lack any of the qualifications required by the statute, it is a good cause of challenge ; or the defendant, before issue joined, may plead the objection in avoidance. Vattier v. The State. 4 Blackf. 73.—1 Chitt. C. L. 308.—Bac. Abr. tit. Juries A.

Per Curiam.

The judgment is affirmed.

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