Crawford v. State

Dec 22, 1888
Reporters:
,
Before:
Bleckley
Bleckley, Chief Justice.

The misnomer of the grand juror was abandoned in the argument. The ‍‌‌‌​‌​​‌‌​‌‌​​​​‌​​​​​​​​​‌‌‌‌​​​​‌​​‌‌‌‌‌​​‌‌​​​‌​‌‌​​​​​‌​​​​‌​​​​​​​‌‌‌​​‌‌​​​​​‌​​‌‌​​‌‌​​‌​‍sole question that remains is, whether the jury-book, as made up, was so defective as to render the grand jury illegal. Two irregularities are alleged: (1) that ‍‌‌‌​‌​​‌‌​‌‌​​​​‌​​​​​​​​​‌‌‌‌​​​​‌​​‌‌‌‌‌​​‌‌​​​‌​‌‌​​​​​‌​​​​‌​​​​​​​‌‌‌​​‌‌​​​​​‌​​‌‌​​‌‌​​‌​‍the clerk himself did not write the names, but called them out and some other person wrote them down; and (2) that the book was certified and ‍‌‌‌​‌​​‌‌​‌‌​​​​‌​​​​​​​​​‌‌‌‌​​​​‌​​‌‌‌‌‌​​‌‌​​​‌​‌‌​​​​​‌​​​​‌​​​​​​​‌‌‌​​‌‌​​​​​‌​​‌‌​​‌‌​​‌​‍signed by the commissioners before the names were inserted therein. We think these were mere irregularities, and only show that ministerial duties directed by the statute were ‍‌‌‌​‌​​‌‌​‌‌​​​​‌​​​​​​​​​‌‌‌‌​​​​‌​​‌‌‌‌‌​​‌‌​​​‌​‌‌​​​​​‌​​​​‌​​​​​​​‌‌‌​​‌‌​​​​​‌​​‌‌​​‌‌​​‌​‍not correctly performed. Code, §3910 (a) et seq.; Carter vs. State, 56 Ga. 463; Brinkley vs. State, 54 Ga. 371. The court was right in deciding that the special presentment should not be quashed or ‍‌‌‌​‌​​‌‌​‌‌​​​​‌​​​​​​​​​‌‌‌‌​​​​‌​​‌‌‌‌‌​​‌‌​​​‌​‌‌​​​​​‌​​​​‌​​​​​​​‌‌‌​​‌‌​​​​​‌​​‌‌​​‌‌​​‌​‍abated for the causes alleged in the plea, as explained by the evidence.

Judgment affirmed.