State v. Roulain

Deen, Presiding Judge.

This is an appeal by the state from a judgment of the trial court quashing a special presentment of the grand jury against a deputy warden and other employees of a correctional institution acting primarily as security guards. The motion to quash urged that under Code § 89-9908 the defendants were entitled to be present and give a sworn statement to the grand jury at the close of the state’s evidence before a true bill was returned and that this right was improperly denied them under Code § 27-706.

1. The operative question is whether these defendants are peace officers…