People v. Scannell

Goff, R.

On November 22, 1901, the grand jury presented an indictment for conspiracy against the defendants, Scannell and Marks, and two indictments against the defendant Scannel for neglect of duty. Each of these indictments charged a misdemeanor. Subsequently, on being arraigned for pleading, the defendants interposed a plea in abatement on grounds included in the present motion. This plea was overruled. Then the defendants moved to quash and set aside the indictments on the *323following grounds: First, that the grand jury was not a constitutional- or a legally constituted grand jury, in that…