Court of Appeals of Kentucky, 1872

Commonwealth v. Phipps

Commonwealth v. Phipps
Court of Appeals of Kentucky · Decided June 4, 1872 · Lindsay
5 Ky. Op. 759; 1872 Ky. LEXIS 365

Commonwealth v. Phipps

Opinion of the Court

Opinion by

Judge Lindsay:

One of the reasons for which an indictment may be set aside is a substantial error in the summoning or formation of the grand jury. Criminal Code, Section 159.

Section 1, Article 1, Chapter 55, Revised Statutes, provides that a civil officer shall not be competent to serve upon a grand jury.

A processioner of lands is a civil officer. R. S., Chapter 60, Section 2.

As one of the grand jurors finding the indictment in this case was a processioner of lands, the court did not err in setting said indictment aside.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.