People v. Sexton

This is a motion to vacate and set aside the indictment found against the defendant by the grand jury of Ontario county, charging him, with the crime of murder in the first degree. When the defendant was called upon to plead, his counsel challenged the validity of the indictment upon the ground that Carrie Sexton, a daughter of the de*313fendant about nine years of age, and Eddie Sexton, a son of the defendant about six years of age, were permitted to make statements before the grand jury not under oath.

At common law it was usual for the trial judge by a preliminary examination of a child to…