Judges: PER CURIAM. —
Attorneys: John M. Coe, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell,
Assistant, for the State.
Filed: Jul. 17, 1934
Latest Update: Mar. 02, 2020
Summary: Paragraph 2 of Section 4451, C. G. L., 2774 R. G. S., provides that neither the sheriff nor his deputy shall be qualified to be jurors. Under Section 4443, C. G. L., 2771 R. G. S., grand jurors must be qualified to serve as jurors. The plaintiff in error, Dexter Cawthon, was indicted for the offense of assault with intent to commit murder upon two deputy sheriffs of Santa Rosa County. When his case was called for trial, the defendant filed a plea in abatement alleging that one Hugh Butler, one o
Summary: Paragraph 2 of Section 4451, C. G. L., 2774 R. G. S., provides that neither the sheriff nor his deputy shall be qualified to be jurors. Under Section 4443, C. G. L., 2771 R. G. S., grand jurors must be qualified to serve as jurors. The plaintiff in error, Dexter Cawthon, was indicted for the offense of assault with intent to commit murder upon two deputy sheriffs of Santa Rosa County. When his case was called for trial, the defendant filed a plea in abatement alleging that one Hugh Butler, one of..
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Considering all the circumstances shown by the evidence, I think the trial court also erred in admitting the alleged confession in evidence. This was made the basis of one of the assignments of error.