State v. Wescott

The objections made by the defendant to the method of selecting the grand jurors and of organizing the grand jury that returned the indictments against him must be viewed in the light of well established principles of law and procedure. The grand jury was the arm of the court before our statutes relating to grand juries were passed, — before our state or our nation was formed. Courts then possessed powers with reference to grand juries which still inhere in them unless taken away or modified by statutes.

It is well settled that prejudice is no longer presumed from every failure to follow…