State v. Fusco

BALICK, Judge.

This is the court’s opinion on defendants’ motion to dismiss indictments. Defendants contend that the Delaware constitutional provision on grand juries, Article I, § 4, Del.C.Ann., violates the equal protection clause of the fourteenth amendment of the United States constitution. Article I, § 4 says as follows :

Trial by jury shall be as heretofore. Provided, however, that Grand Juries in New Castle County shall consist of fif teen members, one of whom shall be selected from, and shall be a resident of, each representative district in said county, and the affirmative vote of nine…