1 Smith & H. 161
Decided November 15, 1848
Indiana Supreme Court · decided 1848-11-15
The record in this case commenced as follows :— “ Be it remembered, that heretofore, to wit, at a term of the Henry Circuit Court began and held at the court house in New Castle, within and for the comity of Henry, in the sixth judicial circuit of the State of Indiana, on Monday, the 29th of October, in the year of our Lord, 1848, before the judges thereof, it was presented that Benjamin Clark, on the 1st day of January, 1846, at said county of Henry, ivas, &c.” Then…
Decided 1848-11-15
¶1— “ It cannot be presumed by this Court, in the entire absence of any statement in the record to that effect, that the indictment was found by a grand jury of the proper county, and if it was not, the motion to quash, or that in arrest of judgment, should have prevailed.”
¶2Judgment reversed, &c.