Denton v. State

Decision Date05 October 1900
Docket Number19,078
Citation58 N.E. 74,155 Ind. 307
PartiesDenton v. The State
CourtIndiana Supreme Court

From the Orange Circuit Court.

Reversed.

S. R. Lambdin, for appellant.

W. L. Taylor, Attorney-General, T. M. Honan, Rowland Evans, Merrill Moores and C. C. Hadley, for State.

OPINION

Jordan, J.

Appellant was indicted by the grand jury of the Orange Circuit Court for violating § 9 of an act of the legislature approved March 6, 1897, entitled an act "regulating the taxing of dogs," etc. Acts 1897, p. 178.

A motion to quash the indictment was overruled, and upon a trial by the court appellant was convicted of the charge, and fined in the sum of $ 1. From this judgment he appeals, and assigns as error the action of the trial court in denying his motion to quash the indictment. The constitutional validity of the statute upon which this prosecution is based is assailed.

The indictment is clearly bad, for the reason alone that it does not appear to have been indorsed as a true bill over the signature of the foreman of the grand jury who returned it into court. This the statute requires, and the record on appeal to this court must affirmatively disclose that fact. The motion to quash the indictment should have been sustained for this reason. State v. Buntin, 123 Ind. 124, 23 N.E. 1140; Gillett's Crim. Law (2nd ed.), § 116, and cases there cited.

As this infirmity in the indictment requires a reversal of the judgment, we do not deem it necessary to decide the questions relative to the constitutional validity of the statute, as they are not essential to a disposition of the appeal.

The judgment is reversed, and the cause remanded to the lower court.

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3 cases
  • Neal v. State
    • United States
    • Indiana Supreme Court
    • 27 Abril 1938
    ... ... should have been quashed. Burns' Ann.St.1933, § 9-901, ... section 2123, Baldwin's Ind.St.1934, provides that a ... grand jury indictment must 'be indorsed by the foreman of ... the grand jury, 'A true bill,' and he must subscribe ... his name thereon as foreman.' (Our italics.) Denton ... v. State, 1900, 155 Ind. 307, 58 N.E. 74, 75, is ... authority for the statement that an indictment is clearly bad ... which is not 'indorsed as a true bill over the signature ... of the foreman of the grand jury who returned it into ... court.' (Our italics.) Applying the Denton Case to ... ...
  • Cole v. State
    • United States
    • Indiana Supreme Court
    • 26 Noviembre 1907
    ...Johnson v. State, 23 Ind. 32,Strange v. State, 110 Ind. 354, 11 N. E. 357,State v. Buntin, 123 Ind. 124, 23 N. E. 1140, and Denton v. State, 155 Ind. 307, 58 N. E. 74, and many other cases, this court has held that, in the absence of the indorsement imperatively required by the statute, an ......
  • Cole v. The State
    • United States
    • Indiana Supreme Court
    • 26 Noviembre 1907
    ... ... held to be essential to the validity of the indictment. 22 ... Cyc. Law and Proc., 254 ...          In ... Johnson v. State (1864), 23 Ind. 32; ... Strange v. State (1887), 110 Ind. 354, 11 ... N.E. 357; State v. Buntin (1890), 123 Ind ... 124, 23 N.E. 1140, and Denton v. State ... (1900), 155 Ind. 307, 58 N.E. 74, and many other cases, this ... court has held that in the absence of the indorsement ... imperatively required by the statute, an indictment must be ... held bad on a motion to quash. These decisions are decisive ... of or at least influential ... ...

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