State v. Comeau

The opinon of the court was delivered by

Miller, J.

The defendant appeals from a sentence for shooting at the party named in the indictment.

He relies on a demurrer to the indictment on the ground that a witness, the foreman of the grand jury, heard as a witness before that body in support of the indictment, was not sworn. It is alleged the name of this witness is endorsed on the indictment, hence we infer the lower court entertained the demurrer on motion to quash, as it is termed in the brief for the accused.

The defendant proposed to sustain the demurrer by the testimony of the foreman, the…