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7 Ark. 630

Fenalty v. State

Supreme Court of Arkansas

Decided January 15, 1852

Supreme Court of Arkansas · decided 1852-01-15

This was an indictment for an assault with intent to murder. The defendant was tried and convicted: and then moved the court to arrest the judgment,because one of the grand jurors was not, at the time of acting on said grand jury, nor is he now, a citizen of the United States; and offered to prove the fact. The court overruled the motion in arrest of judgment, and the defendant excepted.

Decided 1852-01-15

Mr. Justice Scott

¶1delivered the opinion of the Court.

¶2The first objection we held untenable in the case of Brown v. The State, just decided; and the second cannot be sustained either upon principle or authority. The accused might have challenged for cause before the indictment against him was preferred to the grand jury who found it, and after it was found he might have pleaded in abatement of it, any constitutional disqualification of any of the grand jurors which showed them to be not good and lawful men. After pleading to the indictment, however, and standing his trial on the merits, it was too late to make this objection in any form.

¶3There is no error in the record, and the judgment must be affirmed.

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