Makley v. State

OPINION

By GUERNSEY, J.

Under §13436-7, GC, the prosecuting attorney has the right to appear before the grand jury for the purpose of giving information in reference to a matter cognizable by it, or advice upon a legal matter when required. He has the further right to interrogate witnesses when he deems it necessary. The conduct complained of is proper under this provision. The testimony of the witness concerning what was said and done by the prosecutor, if true, would amount to the giving of information relative to a matter properly before the grand jury and advice concerning the legal…