State v. Richard

The opinion of the court was delivered by

Breaux, J.

The question before us for determination is whether the preferment by a grand jury of an indictment (if found without any evidence as to the guilt of the accused) may be proved by the prosecuting officer.

The facts are that one indictment numbered 458 had been quashed in this case. The grand jury returned a second indictment No. 462 *211on January 6, 1898. The next day prior to plea pleaded the defendant interposed the objection that the grand jury entered this indictment without having heard any evidence whatever.

On the trial of the motion to…