Welch v. State
Mississippi Supreme Court
From the circuit court of Copiah county. HoN. J. B. Chris MAN, Judge. The appellant, Welch, was indicted for the abduction of a female over the age of sixteen. To this indictment he pleaded in abatement that an attorney employed to prosecute before tlie committing court went before the grand jury that found the indictment and made a speech to the jury, urging the finding of an indictment.
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From the circuit court of Copiah county. HoN. J. B. Chris MAN, Judge. The appellant, Welch, was indicted for the abduction of a female over the age of sixteen. To this indictment he pleaded in abatement that an attorney employed to prosecute before tlie committing court went before the grand jury that found the indictment and made a speech to the jury, urging the finding of an indictment. To this plea the state filed a replication, admitting that said attorney had gone before the grand jury, but averring that he went in obedience to a regular summons directed to him as a witness. The accused…
1Opinion of the CourtCampbell, J.
If it be true that an attorney for the prosecution of Welch procured himself to be summoned as a witness to appear before the grand jury, and by this means was introduced into their room, and addressed the grand jury, urging the finding of an indictment in this matter, the indictment should be quashed. Illegal or insufficient evidence before the grand jury will not be inquired into, but the array may be excepted to for fraud; and improper influences to secure an indictment may be inquired into, and should be, when properly alleged. In vain the constitution protects against being proceeded…
2Cited by15 opinions
- State v. WetzelWest Virginia Supreme Court · 1914
- Cumbest v. StateMississippi Supreme Court · 1984
- State v. BrewsterSupreme Court of Vermont · 1898
- Blau v. StateMississippi Supreme Court · 1903
- Hood v. StateMississippi Supreme Court · 1988
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