McDonald v. State

Appellant appeals from a judgment of conviction on an indictment charging' him, in good form, of the crime of carnal abuse of one Rebecca George. The indictment was returned by the grand jury of Greene County on the 7th day of December, 1921.

1. The appellant moved to quash the indictment at the May term of the Greene Circuit Court, 1922, upon the sole ground that there was no legal evidence before the grand jury upon which to base the indictment. Appellant relies upon section 298S, Crawford & Moses’ Digest, which reads as follows: “The grand jury can receive none but legal evidence. ’ ’ At…