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19 Ind. 180

Springer v. State

Indiana Supreme Court

Decided November 15, 1862

Indiana Supreme Court · decided 1862-11-15

<p>The record, in a criminal prosecution upon indictment, should show that the indictment was returned into Court by the grand jury, and identify it, by some entry from the record of the lower Court, describing it by the time of its filing and its number, or otherwise.</p>

Cited by 2 later decisions — most recently October 1884

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-11-15

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Per Curiam.

¶1In this case, the record of the Circuit Court, does not show that the indictment on which the defendant was convicted was returned into Court by the grand jury. It shows that a grand jury was impanneled for the term, and that they found nine indictments; but has no entry describing them, or in any manner identifying them. On the return of the indictments, the clerk should enter that the grand jury return into Court the following bills of indictment, which are now marked, filed, and numbered 1, 2, 8, etc., or lettered A, B, C, etc. See 2 Q-. & H., p. 394, note.

¶2Some entry, substantially in this form, would place upon record evidence connecting the grand jury with the indictment.

¶3The judgment is reversed, and the defendant ordered back to the jail of La Grange county, all of which is to be certified to the keeper of the State prison.

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