State v. McPherson

Ladd, J. — ■

1. Objection togrand jury: The accused was arrested on preliminary information, and being held to answer at the next term of the district court, convening December 8, 1903, was released upon the execution of an appearance bond. An order had been entered by the presiding judge, postponing that term until January 5, 1904, because of sickness. At the convening of the court the grand jurors drawn in 1903 appeared, and from these the grand jury which returned the indictment was selected and impaneled. The defendant, though called, failed to appear, and was held to “ have waived all…