State v. Chance

The majority say that the exact question before us “is whether or not the trial court had' the power to inquire into the question of whether or not there was any competent evidence whatever submitted to the grand jury as a basis upon which it returned the indictment.” This is my first point of disagreement. As will be seen from the statement of the case made by the majority, the prosecution, by demurring to the plea in abatement, admits that there was no such competent evidence before the grand jury. The exact question, therefore, is whether or not the trial court had the power to quash, or…