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1 Blackf. 428

Wilson v. State

Indiana Supreme Court

Decided May 4, 1826

Indiana Supreme Court · decided 1826-05-04

<p>The statute of 1825, authorizing special sessions, of the Circuit Court, does Hot warrant the finding of an indictment at the special term, against any other' person than the one for whose trial the Court was convened.</p>

Cited by 2 later decisions — most recently June 1905

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1826-05-04

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Blackford, J.

¶1There was a special Court called in Gibson county for the trial of one David Ewing, who was in prison on a charge of larceny. At that special Court the present indictment against Wilson was found; which was continued until the next regular term of the Circuit Court, when, upon the general issue, a verdict and judgment were rendered against the defendant.

¶2This proceeding is erroneous. We are of opinion that the act of the legislature, authorizing special sessions of the Court for the trial of particular cases therein stated, does not warrant the grand jury in finding any indictments at such special term, except against the person or persons for whose trial the Court was thus particularly convened. Stat. Jan. 1825, p. 21 (1).

Per Curiam.

¶3The judgment is reversed.

¶4This statute is repealed. Stat. 1826, p. 23;

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