Opinion

State v. Brown

  • 31 Vt. 602
Court
Supreme Court of Vermont
Filed
Jan 15, 1859
Status
Published
Author
Aidis
On the bench
Aidis
Cited by
4 cases
Authority
More cited than 84.5%

The opinion

Aidis, J.

The 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.”

We 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.

No 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.

As 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.

The judgment of the county court is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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