Shepherd v. State

Citations

• 89 Miss. 147
• 42 So. 544

Syllabus

<p>1. Criminad Law and Procedure. Grand Jury. Impaneling.</p> <p>A grand jury selected and empaneled in violation of the statutes of the state is improperly chosen and, if seasonable objection be made, an indictment returned by it will be ■ quashed, although the jury laws are directory merely.</p> <p>2. Same. Code 1892, § 2371, amended Laws 1896, ch. 84, p. 93.</p> <p>Where the statute (Code 1892, §2371, as amended Laws 1896, ch. 84, p. 93) directs that a grand jury shall be selected by chance from the names of persons summoned on the venire facias by a person other than the judge of the court, it is erroneous for the judge himself to make the selection ignoring the matter of chance.</p>