People v. Mccann

The defendant Edward Smith makes a motion to inspect the proceedings of the grand jury upon which the indictment here was found.

Robbery in the first degree is charged.

The affidavit submitted deals with hearsay evidence concerning the identification of the defendant at the police line-up as one of the persons involved in the crime. On this there is a disputed question of fact, which is purely a defense matter, and the court must not be left to speculate about whether this subject-matter was established before the grand jury. Questions regarding the motive or absence of motive, as here claimed,…