Benton v. State

BROWN, Justice.

The pleas in abatement filed by the defendant, petitioner here, challenge the regularity of the proceedings before the grand jury that returned the indictment, — for that: to state the substance of the averments, the solicitor of the 22nd Judicial Circuit, who participated in the proceedings was related by consanguinity to Charles Wesley Mizell, the person alleged to have been killed, said solicitor being a nephew of said Mizell; that said solicitor and his deputy for the County of Geneva, Smith, participated in the proceeding before the grand jury by examining the witnesses…