1 Blackf. 390 | Ind. | 1825
Ross and Harper were confined in the gaol of Marion county on a charge of larceny. A called session of the Circuit Court for said county was held for their trial, and an indictment for larceny was found against them. Harper made his escape, and Ross was found guilty, and sentenced to pay a fine of one dollar, and to be confined in the state’s prison for one year, it appears, by a bill of exceptions, that when the grand jury were impannelled and about to be sworn, Mr. Wick, one of the members of the bar practising in that Court, moved the Court, in behalf of said Ross, that he might be brought into Court for the purpose of challenging the grand jury. The motion was overruled. In the case of Hudson v. The State, Nov. term, 1824
It also appears, by a bill of exceptions, that the accused, by his counsel, moved the Court to instruct the jury, that although they might believe that he received or purchased the goods, knowing them to be stolen, they ought not to convict him, unless they found that he had some hand in stealing them. This in*
The judgment is reversed, and the proceedings subsequent to the issue are set aside. Cause remanded, &c.
Ante, p. 317.
Stat. 1823, pp. 139, 140.