by John Marshall Harlan

Name: Crowley v. United States — Opinion of the Court
Author: by John Marshall Harlan

Crowley v. United States — Opinion of the Court

Summary

“Crowley v. United States — Opinion of the Court”, is a work by by John Marshall Harlan. It explores elements such as the United States, jurors and indictment.

Quotes from Crowley v. United States — Opinion of the Court (by John Marshall Harlan)

by John Marshall Harlan, Crowley v. United States — Opinion of the Court

“ A prisoner who is in court, and against whom an indictment is about to be preferred, may undoubtedly challenge for cause; this is not questioned. But the grand jury may find an indictment against a person who is not in court; how is he to avail himself of a defective organization of the grand jury? If he cannot do it by plea, he cannot do it in any way; and the law works unequally by allowing one class of persons to object to the competency of the grand jury, whilst another class has no such privilege. ”

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Source: Wikisource

by John Marshall Harlan, Crowley v. United States — Opinion of the Court

“ It is his right, in the first place, to have the accusation passed upon, before he can be called upon to answer to the charge of crime, by a grand jury composed of good and lawful men. If the jury be not composed of such men as possess the requisite qualifications, he ought not to be put upon his trial upon a charge preferred by them, but should be permitted to plead their incompetency to prefer the charge and put him upon his trial, in avoidance of the indictment. ”

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Source: Wikisource

by John Marshall Harlan, Crowley v. United States — Opinion of the Court

“ Such persons are not present when the grand jurors are impaneled, perhaps have not been made subjects of complaint or even suspicion. It certainly would not be right to estop a party from pleading a matter to which he could not otherwise except. The interest of an accused person under indictment with the grand jury commences at the time of the finding of the indictment. This is the point of time when, as to him, the legal number of qualified men must exist upon the grand inquest. Indictments not found by at least twelve good and lawful men are void at common law. ”

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Source: Wikisource

by John Marshall Harlan, Crowley v. United States — Opinion of the Court

“ By § 14 of the Foraker act it is provided that the statutory laws of the United States, not locally inapplicable, except as otherwise provided, shall have the same force and effect in Porto Rico as in the United States. § 14. And by § 34 it is provided that, in addition to the ordinary jurisdiction of district courts of the United States, the district court of the United States for Porto Rico shall have jurisdiction 'in all cases cognizant in the circuit courts of the United States, and shall proceed therein in the same manner as a circuit court.' § 34. ”

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Source: Wikisource

by John Marshall Harlan, Crowley v. United States — Opinion of the Court

“ The law furnishes the same security to all, and the same principle which gives to a prisoner in court the right to challenge gives to one who is not in court the right to accomplish the same end by plea ”

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Source: Wikisource

by John Marshall Harlan, Crowley v. United States — Opinion of the Court

“ All will admit the indictment would be merely void in fact, and ought not to be answered if the fact was made legally to appear. So, if any one be incompetent, it is equally void, because the proper number to constitute the grand inquest is wanting; and because he who is incompetent shall not be one of the triers of the offense at any stage of the prosecution. There seems, at some early stage of the proceeding by indictment, to have been some doubt whether the indictment was void because of the incompetency of one of the grand jurors, to set which at rest the 2 Henry IV., chap. ”

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Source: Wikisource

by John Marshall Harlan, Crowley v. United States — Opinion of the Court

“ State v. Williams, 3 Stew. (Ala.) 454; State v. Bryant, 10 Yerg. 527; State v. Cole, 17 Wis. 674; State v. Brooks, 9 Ala. 10; Jackson v. State, 11 Tex. 261; State v. Freeman, 6 Blackf. 248; 1 Bishop, Crim. ”

by John Marshall Harlan

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