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Denton v. State

Denton v. State, 58 N.E. 74 (Ind. 1900)
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Court
Indiana Supreme Court · State Highest Courts
Decided
October 5, 1900
Docket
No. 19,078
Judges
Jordan
Citations
58 N.E. 74155 Ind. 3071900 Ind. LEXIS 134
Disposition
Reversed.
Headnotes
Criminal Law. — Indictment.—Indorsement by Foreman of Grand Jury. — An indictment which was not indorsed “a true bill” over the signature of the foreman of the grand jury who returned it into court is insufficient.
Summary
From the Orange Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Jordan

Text extracted by OCR from a scanned original; check the original for exact wording.

Jordan, J.

— Appellant was indicted by the grand jury of the Orange Circuit Court for violating §9 of an act of . the legislature approved March 6, 1897, entitled an act “regulating the taxing of dogs,” etc. Acts 1897, p. 178.

A motion to quash the indictment was overruled, and upon a trial by the court appellant was convicted of the charge, and fined in the sum of $1. From this judgment he appeals, and assigns as error the action of the trial court in denying his motion to quash the indictment. The constitutional validity of the statute upon which this prosecution is based is assailed.

The indictment is clearly bad, for the reason alone that it does not appear to have been indorsed as a true bill over the signature of the foreman of the grand jury who returned it into court. This the statute requires, and the record on appeal to this court must affirmatively disclose that fact. The motion to quash the indictment should have been sustained for this reason. State v. Buntin, 123 Ind. 124 ; Gillett’s Crim. Law (2nd ed.), §116, and cases there cited.

As this infirmity in the indictment requires a reversal of the judgment, we do not deem it necessary to decide the questions relative to the constitutional validity of the stat *308 ute, as they are not essential to a disposition of the appeal.

The judgment' is reversed, and the cause remanded to the lower court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1907: 11938: 119072026peak 1907 · 1

Relies on it most ⓘ

  1. Neal v. State14 N.E.2d 590 (Ind. 1938)
  2. Cole v. State82 N.E. 796 (Ind. 1907)

Most recent

  1. Neal v. State14 N.E.2d 590 (Ind. 1938)
  2. Cole v. State82 N.E. 796 (Ind. 1907)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Buntin, 23 N.E. 1140 (Ind. 1890) 7

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