State v. Horner

HAYS, Justice.

Bobby Joe Horner was convicted of voluntary manslaughter. We have jurisdiction of his appeal pursuant to Rule 47(e) (5), Rules of the Supreme Court.

Horner contends that he was denied due process during the grand jury proceedings. He was charged by the county attorney with murder and was indicted. A timely motion to quash the indictment was made and denied.

The grand jury during its hearing was apparently concerned with the degree of murder, the actual killing of the victim by Horner not really being in issue. The deputy county attorney primarily presented the facts of the…