Strange v. State
| Decision Date | 09 April 1887 |
| Docket Number | 13,609 |
| Citation | 11 N.E. 357,110 Ind. 354 |
| Parties | Strange v. The State |
| Court | Indiana Supreme Court |
From the Monroe Circuit Court.
Judgment reversed.
J. H. Louden and W. P. Rogers, for appellant.
A. Noblett, Prosecuting Attorney, and R. A. Fulk, for the State.
Under the decisions of this court, an indictment, not endorsed by the foreman of the grand jury as required by the statute (R. S. 1881, section 1669), is bad for want of such endorsement, on a motion to quash. Cooper v. State, 79 Ind. 206; State v. Bowman, 103 Ind. 69, 2 N.E. 289; Johnson v. State, 23 Ind. 32; Heacock v. State, 42 Ind. 393. See, also, Beard v. State, 57 Ind. 8.
Adhering to those cases, the judgment in the case before us must be reversed, as the indictment upon which appellant was tried and convicted was not so endorsed.
Judgment reversed.
To continue reading
Request your trial
-
Helms v. State
...indictment merely because the name of the foreman is indorsed in the wrong place. Likewise wise appellant's citation to Strange v. State (1886), 110 Ind, 354, 11 N.E. 357 is not in point for in the instant case there is an indorsement, and appellant's citation of State v. Buntin (1889), 123......
-
West v. State
...grand jury foreman is bad on motion to quash. Johnson v. State, 1864, 23 Ind. 32; Cooper v. State, 1881, 79 Ind. 206; Strange v. State, 1887, 110 Ind. 354, 11 N.E. 357; Robinson v. State, 1912, 177 Ind. 263, 264, 265, 97 N.E. 929; Bledsoe v. State, 1945, 223 Ind. 675, 693, 64 N.E.2d However......
-
Cole v. State
...common law, it was held to be essential to the validity of the indictment. 22 Cyc. 254. In 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......
-
Hamilton v. State
... ... been sustained for the reason that it does not show that the ... indictment was indorsed "A true bill," or that it ... was signed by the foreman of the grand jury ... [52 N.E. 420] ... If the indictment failed to show this, the motion to quash ... would have been well taken. Strange v ... State, 110 Ind. 354, 11 N.E. 357, and authorities ... there cited; State v. Buntin, 123 Ind. 124, ... 23 N.E. 1140. But, unfortunately for appellant's ... insistence, the record, as it comes to us, does show that the ... indictment is properly indorsed, as required by statute, as ... ...