McCoy v. State

Citations

• 101 Miss. 613
• 57 So. 622

Syllabus

<p>1. Grand Jury. Excusing members of grand jury. Right, of court and of foreman. Effect on indictment. Code 1906, Sec. 2704.</p> <p>The foreman of a grand jury has no right to discharge a member after the grand jury has been legally empaneled, but the court can for sufficient reason discharge a part of the grand jury and substitute others and should do so where the discharge of members would reduce the number below fifteen members.</p> <p>2. Same.</p> <p>Where after a grand jury of eighteen members was duly empaneled the foreman excused four members, thereby reducing the number to fourteen members, this did not prevent the grand jury from proceeding with business.</p> <p>3. Same.</p> <p>In view of Code 1906, Sec. 2704, providing that the empaneling of the grand jury shall be conclusive evidence of its competency and qualification and of the common law rule, that to render an indictment valid, it is only necessary that twelve of the grand jurors consent, an indictment voted for and returned by only twelve members of a legally constituted grand jury is valid.</p>