People v. Montgomery

The defendant, Harvey D. Montgomery, was indicted for murder in the first degree, and subsequently arraigned at a regular term of this court. That 'indictment appears to have been duly and regularly presented by the: grand jury, and filed in their presence, in open court.

A motion is now made to dismiss the indictment, upon the ground that the same was not properly found by the grand jury; that illegal and incompetent evidence was given against the de*327fendant, before the grand jury, and that the rights of the defendant have, thereby, been prejudiced.

The district attorney raised the preliminary…