State v. Grace

Hunt, Presiding Justice.

This is an appeal from the trial court’s grant of Allen Lee Grace’s motion to quash the indictment. The issue presented is whether a grand jury, properly summoned, sworn, and charged by the trial court, and then dismissed, must thereafter be reconvened, resworn, and recharged by the court in order to conduct business during the same term of court. The trial court answered this question in the affirmative. We disagree and reverse.

Here, the grand jury was summoned, sworn, and charged by the court on October 7, 1991. The district attorney then met briefly with the grand…