1 Mich. 234 (Mich. 1849), Findley v. People

Citation:1 Mich. 234
Opinion Judge:Mundy, J.
Party Name:Findley v. The People
Attorney:T. J. Drake, for Findley. Stevens, Prosecuting Attorney, for the people.
Court:Supreme Court of Michigan
 
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Page 234

1 Mich. 234 (Mich. 1849)

Findley

v.

The People

Supreme Court of Michigan

January Term, 1849

Error to Oakland Circuit Court. Indictment for murder.

Judgment affirmed.

T. J. Drake, for Findley.

Stevens, Prosecuting Attorney, for the people.

OPINION

Page 235

By the Court, Mundy, J.

On the 8th day of January, 1848, it being an adjourned day of the September term, 1847, of the circuit court for the county of Oakland, Findley, the plaintiff in error, was indicted for the murder of Simpson Buck. Upon his arraignment, he pleaded not guilty; but was afterwards permitted to withdraw that plea; whereupon he put in the following plea in abatement: "And the said John Findley comes, etc., and says, that the said bill of indictment ought not to be had or further prosecuted against the said John Findley, because the said bill of indictment was not found by the grand jury inquiring in and for the body of the county of Oakland, at the September term of the circuit court for said county, in the year A. D. 1847; but that the said bill of indictment was found by a body of men claiming to be the grand jurors of the people of the state of Michigan, inquiring in and for the body of said county, on the 8th day of January, A. D. 1848; and that on the said 8th day of January, A. D. 1848, after the said body of men were sworn and charged by the court, and were retiring, one Henry Barber, who was of and belonged to the grand jurors of the people of the state of Michigan, inquiring in and for the body of the county of Oakland aforesaid, appeared in said circuit court and desired to be assembled and convened with the said body of men, who found the said bill of indictment, before the said body of men had retired to consult upon the said bill; and the said Henry Barber was, on the said 8th day of January, 1848, and before the finding of the said bill, rejected and prohibited by the said circuit court, without

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any legal or justifiable cause, from assembling or convening with the said body of men, claiming to be grand jurors as aforesaid, and by whom the said bill of indictment was found; and this the said John Findley is ready to verify, etc. And the said John Findley further saith, that the said bill of indictment ought not to be had or further prosecuted against him, the said John Findley, because the said bill of indictment was found against him, the said John Findley, by a body of men claiming to be the...

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