State v. Helvin

I. The defendant contends that the indictment should have been set aside because not found upon the testimony of witnesses examined before the grand jury, but only upon the minutes of testimony taken upon the preliminary examination, which examination resulted in the defendant’s discharge. The indictment purports to. have been found upon the testimony of witnesses examined before the grand jury, and we have not discovered any sufficient evidence that it was not so found. Besides, this point does not appear to have been made below, either by motion for a new trial, in arrest of judgment, or…