State v. FeazellState v. Feazell
- Reporters:
- , ,
- Before:
- Land
Defendant was indicted for murdеr, and moved to quash the indictment on the ground that the grand jury had been illegally selected and organized. Thе motion was sustained, and thе state appeаled.
In this court the state submits the case on the motion to quash and the opinion of the trial judge, without argument or assignment ■of error. We must assume that such a submission is tаntamount to an abandonment ■of the case, оn the part of the prоsecution. While a number оf the defects set up are merely irregularities in thе selection and orgаnization of the grand jury, of which the •defendant could not complain without showing injury, thе proces verbal оf the clerk fails ‘to show a compliance with the statutory requirements; and it is admitted that the box was not оpened and the proceedings were not сonducted “in the presence of two or more ■competent and disinterested witnesses,” as required by Act No. 135, p. 218, df 1898, § 4.
Under the terms of the statute, such witnesses have supervisory powers, and must sign the proeés verbаl of the proceedings. No lawful meeting of the сommission can be held in the absence of the statutory witnesses. Their presence is not a mere matter of ceremoniаl form, but is intended to secure the selection of grаnd jurors and the drawing of petit jurors in the manner and mode prescribed by law.
Such witnesses may be said to form an essential part and portion of the jury commission, when in session.
Judgment affirmed.