People v. Miro

A motion is presented by counsel for defendant to dismiss the indictment, based on the minutes of the grand jury. The contention advanced for this and the other relief now sought is that the evidence before the grand jury upon the crime charged in the indictment, would not, if unexplained or uncontradicted, warrant a conviction by a trial jury; that illegal, incompetent and immaterial evidence was considered by the grand jury; that the evidence failed to establish the commission of the crime of perjury; and that section 313 of the Code of Criminal Procedure was violated. A dismissal of the…