(DOWNLOAD) "Gilmore v. State Indiana" by Supreme Court Of Indiana " eBook PDF Kindle ePub Free
eBook details
- Title: Gilmore v. State Indiana
- Author : Supreme Court Of Indiana
- Release Date : January 16, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Before entering a plea of not guilty, the appellant filed a verified plea in abatement, which in substance alleged that after the grand jury had been impaneled, one member thereof stated that, "he was opposed to the infliction of capital punishment and that he did not feel qualified to serve upon the Grand Jury where such a case might come before him, and further stated that he would not, if he served upon the Grand Jury, bring an indictment even if a first degree murder case were brought before such jury." Thereupon the trial court excused said grand juror from further service. The appellant does not complain that the statutes on drawing another grand juror from the jury box to replace the one excused were not followed. Appellant alleged that during such time he was not in custody or on bail to answer any offense or crime, and he had no knowledge that the grand jury intended to investigate any offense claimed to be committed by him, and that he was not present in person or by attorney at the time the grand jury was impaneled or the grand juror excused. The state filed a demurrer to this plea in abatement, which was sustained, which ruling is here assigned as error.