Durr v. State
Mississippi Supreme Court
Error to the Circuit Court of Simpson County. Hon. A. G. Maters, Judge. The plaintiff'in error was indicted at the June Term, 1876, in the Circuit Court of Simpson County. The errors relied on question the correctness of the finding of the indictment by the grand jury, and the separation of one of the jury from his fellow-jurors.
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Error to the Circuit Court of Simpson County. Hon. A. G. Maters, Judge. The plaintiff'in error was indicted at the June Term, 1876, in the Circuit Court of Simpson County. The errors relied on question the correctness of the finding of the indictment by the grand jury, and the separation of one of the jury from his fellow-jurors. An attorney employed to prosecute in the case asked and obtained leave of court to carry witnesses before the grand jury, that he might return into court an indictment against Durr; and he did go into the grand-jury room with the witnesses, and draft the bill, which…
1Opinion of the CourtChalmers, J.
The permission given by the court to the attorney who had been employed to assist in the prosecution, to go before the grand jury with the witnesses, and there act for the district attorney in framing the indictment, was improper. We entertain doubts as to whether the objection to it could be taken advantage of on a motion to quash. Mr. Bishop says that irregularities in the proceedings before the grand jury “ may under some circumstances be taken advantage of upon this motion.” We regard it as bad practice, and certainly as being much more appropriately done by plea in abatement. 1 Bishop on…
2Cited by16 opinions
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