Public-domain · open source
OpenJurist

31 Vt. 602

State v. Brown

Supreme Court of Vermont

Decided January 15, 1859

Supreme Court of Vermont · decided 1859-01-15

Indictment. The respondent moved to quash the indictment against him upon the ground that the word “foreman” was not annexed to the name of Ira Allen, whose name was indorsed by him on the bill under the words “a true bill.” It was admitted by the defendant, subject to its legal effect, that Ira Allen acted as foreman of the grand jury at the term of the court at which the indictment was found.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-01-15

How this case has been cited

Cited by 4 later decisions — most recently October 1972

4 state decisions

101859186018701880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Aidis, J.

¶1The Compiled Statutes, chap. 35, § 16, provides that where twelve of the grand jury shall find a bill, the foreman shall write thereon “ a true bill.” In this case the foreman wrote “ a true bill, Ira Allen,” but omitted the word “foreman.”

¶2We do not think the word foreman is required to be added to the signature of that officer’s name. The court appoint the fore-* man, and the appointment should in all cases be made a matter of record, so that an inspection of the records will always show who is the foreman.

¶3No mischiefs are likely to ensue from omitting the word. The grand jury present their bills in open court, the court knows that they are presented by the foreman with the approval of the body of the jury, the clerk enters upon the back of the indictment a minute of its being duly presented and filed. These seem to us the sufficient safeguards, and to which the official signature of the foreman would add nothing.

¶4As we understand the bill of exceptions, it appears that Ira Allen’s name “was indorsed by hint” on the indictment, and it is admitted he was the foreman.

¶5The judgment of the county court is affirmed.

/31/vt/602 · .json · Public domain