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Holt v. State

ALFRED A. HOLT v. State

Holt v. State, 32 A. 663 (N.J. 1895)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
June 15, 1895
Citations
32 A. 66358 N.J.L. 1129 Vroom 111895 N.J. Sup. Ct. LEXIS 70
Cited by 16
Headnotes
1. If the record fails to show that the indictment was one of the hills found by the grand inquest, the omission is fatal. 2. So if the indictment he found in the Oyer and tried in the Sessions, and there is no order hy the former court to deliver it to the latter. 3. So, also, if the record fails to show that as many judges as constitute a quorum were present in the trial court.
Summary
On error to the Camden Quarter Sessions.

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

Opinion of the Court

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

Per Curiam.

This judgment cannot be sustained. The record before the court exhibits all the errors that, more than forty years ago, led to the reversal of a judgment in the case of Cruser v. State, 3 Harr. 209 .

The defects that vitiated the proceedings in that case, as indicated in the opinion, were that the indictment in question did not appear, from the caption, to have been one of the bills that had been found by the grand inquest; that the record did not show that the indictment was ordered by the Oyer and Terminer in which it was pending to be delivered to the Quarter Sessions; or that it was filed in that court as the statute directs; or that there was a Court of Quarter Sessions then and there held ; or how many judges composed the court before which the trial took place.

Every one of these defects exists in the present instance.

Let the judgment be reversed.

How later courts describe this case

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

Cited by 16 cases

View all citing references →
1895: 11896: 11898: 11901: 11906: 11910: 11911: 11922: 11929: 11930: 11931: 11933: 11934: 11937: 11978: 11999: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. Sentry Insurance v. Sky Management, Inc.34 F. Supp. 2d 900 (D.N.J. 1999)
  2. Bingenheimer Mercantile Co. v. Weber191 N.W. 620 (N.D. 1922)
  3. Parker, Peebles & Knox, Inc. v. National Fire Insurance150 A. 313 (Conn. 1930)
  4. Sanders v. Armour Fertilizer Works292 U.S. 190 (1934)
  5. Henderson v. Dudley574 S.W.2d 658 (Ark. 1978)
  6. Morris W. Haft & Bros. v. Wells93 F.2d 991 (10th Cir. 1937)

Most recent

  1. Sentry Insurance v. Sky Management, Inc.34 F. Supp. 2d 900 (D.N.J. 1999)
  2. Henderson v. Dudley574 S.W.2d 658 (Ark. 1978)
  3. Morris W. Haft & Bros. v. Wells93 F.2d 991 (10th Cir. 1937)
  4. Sanders v. Armour Fertilizer Works292 U.S. 190 (1934)
  5. Armour Fertilizer Works v. Sanders63 F.2d 902 (5th Cir. 1933)
  6. Globe & Rutgers Fire Ins. Co. of New York v. Brown52 F.2d 164 (W.D. La. 1931)

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 0

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