Hardy v. State

Citations

• 96 Miss. 844
• 51 So. 460

Syllabus

<p>1. Criminal Law and Procedure. Embezzlement. Grané jury. Swearing. Necessity of showing by record.</p> <p>An indictment returned by a grand jury will he quashed on timely motion, if the record do not show that the grand jury was sworn.</p> <p>2. Same. Motion to quash. Waiver.</p> <p>A defendant, after having plead not guilty, may, in the discretion of the court, move to quash the indictment on the ground that the record fails to show that the grand jury was sworn.</p> <p>•3. Same. Same.</p> <p>In such case the absence of a formal order allowing a motion to quash is immaterial, where the state failed to object to the hearing of the motion for want of such order, the matter being discretionary with the trial court.</p> <p>4. Same. Same. ' Change of venue.</p> <p>The invalidity of an indictment predicated of the failure of the minutes of the court to show that the grand jury was sworn may he availed of for the first time by motion to quash in the court to which a change of venue has been had.</p>