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21 Ind. 268

Hall v. State

Indiana Supreme Court

Decided November 15, 1863

Indiana Supreme Court · decided 1863-11-15

<p>Criminal Law and Practice. — The record on appeal, in a criminal case, tried on indictment, must show that the grand jury was regularly empannelled, and the indictment duly returned by them in open Court.</p>

Decided 1863-11-15

Per Curiam.

¶1Indictment of the appellant for larceny. Motion to quash overruled. Trial, conviction, and sentence of imprisonment in the State’s prison, a motion in arrest being overruled. The record does not show any empanneiling of a grand jury, or the return by that body of the indictment into Court. A certiorari has been issued in this behalf, but the return thereto fails to supply the imperfections of the record.

¶2The judgment below is reversed.

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