State v. Capps

(dissenting) :

This appeal concerns the presentation of evidence before the Grand Jury. I would reverse. The facts relevant to a disposition of this matter are undisputed.

The appellant was indicted and subsequently convicted of assault and battery with intent to kill and criminal sexual conduct in the first degree. He made pre-trial motions, one of which was a motion to quash his indictment because the assistant solicitor had participated in the Grand Jury meetings. The record before us indicates that the assistant solicitor involved in the indictment of the appellant appeared before the Grand…