The Grand Jury An Essay Awarded the Peter Stephen Duponceau Prize By the Law Ac
The Grand Jury An Essay Awarded the Peter Stephen Duponceau Prize By the Law Ac
George John Edwards
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481 ; Dorman v. State, 56 Ind. 454 ; Dowling v. State, 5 Smedes & M. (Miss. ) 664; Portis v. State, 23 Miss. 578 ; Yelm Jim v. Territory, i Wash. T. 63 ; Watt v. Territory, Id. 409. ORGANIZATION AND QUALIFICATIONS. 5! of persons to be summoned as talesmen, while this is an irregu- larity, it has been held not sufficient to invalidate an indictment found by a grand jury so constituted * In the absence of a statute regulating the summoning of talesmen it has been held that a judge has no authorit...y to issue a venire to supply nny deficiency in the number of grand jurors, but that a tales should issue and by-standers be brought in. 31 Substitutes can- not be received for any part of the regular panel. 32 Before talesmen can lawfully be summoned, the panel must be reduced below the number necessary to indict or form a legal grand jury, 33 and this must be shown affirmatively by the record which must also show that a formal order for sum- moning talesmen was made by the court. If this be not affirm- atively shown by the record, it is an irregularity which may be taken advantage of by motion to quash.
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