State v. Inthavong

SIMONETT, Justice.

Defendant appeals the trial court’s denial of a motion to dismiss his indictment. Because of fundamental error in the court’s charge to the grand jury, we reverse and order the indictment dismissed.

On July 7, 1986, a Hennepin County grand jury was impaneled to sit for 4 months. Judge Lindsay G. Arthur presided at the impaneling. Pursuant to Minn. Stat. § 628.56 (1986) and Minn.R.Crim.P. 18.03, subd. 3, the judge instructed the grand jury on its duties, choosing to do so orally in his own language rather than read from a juror’s handbook containing a proper written charge.…