State v. Morgan

CARMODY, Justice.

The defendant appeals from a conviction of assault with a deadly weapon.

This case presents the question of whether a defendant, at the trial of a criminal case, is entitled to inspect the grand jury testimony of the state’s witnesses.

Defendant Morgan, a police officer in Farmington, was indicted by a grand jury in San Juan County for assaulting the complaining witness with a blackjack or “slapper” after an arrest for a peace disturbance. At the trial, two of the witnesses for the state, having previously testified before the grand jury, were examined by the district attorney,…