State v. Young

Decided January 15, 1876

Tennessee Supreme Court · decided 1876-01-15

Statement of the case. Defendant was presented at the July term, 1874, of the circuit court of DeNalb county, for open and notorious lewdness with one Nancy Moore. At the July term, 1876, of said court, defendant Young pleaded in abatement to the presentment 'alleging that it was not found and presented by a legal grand jury, James Terrel having acted on and signed the same, and he being incompetent on account of relationship to defendant within the sixth degree.

Decided 1876-01-15

Sneed, J.,

¶1delivered the opinion of the court.

¶2The demurrer to the plea in abatement ought to have been sustained. The plea does not aver that the presentment was found on the information of one of the jurors. The offense is one which may be presented under the inquisitorial powers of the grand jury, Code 5087a [Shannon’s Code, sec. 7046, sub-section 18], and the presentment may have been found on the testimony of a witness sent before the grand jury. There being twelve jurors free from exception, we must hold the presentment good. Reverse the judgment and remand the cause for further proceedings in the court below.