People v. Smith

Grant, O. J.

Respondent was indicted by a grand jury of Berrien county for keeping his saloon open on Sunday, contrary to section 17 .of the state liquor law (3 How. Stat. § 2283e), tried, and convicted. Two questions are presented: (1) Was the grand jury a legal body? (2) Is the violation of the liquor law of the State an indictable offense ?

The statute is conclusive of the first question. The objections relate to irregularities in the drawing of the jury. The statute specifies what shall be a ground of challenge, viz., that a juror is prosecutor or complainant. It expressly prohibits a…