State v. Coulter

Citations

• 104 Miss. 764
• 61 So. 706

Syllabus

<p>1. Criminal Law. Grand jury. Foreman. Excused from deliberating. Effect. Presence of county attorney. Indictment. Objections. Motion to quash. Code 1906, sections 1418-1417-1427. Laws 1912, chapter 253.</p> <p>Where the foreman of a grand jury consisting of twenty members was also the president of a bank, it was proper to exclude him from the grand jury room while a charge of embezzlement of the' funds of the bank by the cashier was being investigated, and this did not invalidate an indictment against the cashier returned in strict compliance with Code 1906, section 1418, including the proper endorsement by the foreman, since under Code 1906, section 1417-, it was necessary for only twelve of the grand jurors to concur in the indictment.</p> <p>2. Grand Jury. Absence of foreman. Effect.</p> <p>The presence of the foreman of the grand jury at all times in the grand jury room is not required by law; his duties are those of a presiding officer and when he is absent, such duties may be performed by another, and an indictment found in his absence where a sufficient number of the jury have voted to return such indictment will not be invalid.</p> <p>3. Grand Jury. Deliberations. County prosecuting attorney. Laws 1912, chapter 253.</p> <p>Under authority given by Laws 1912, chapter 253, a county prosecuting attorney may at the request of the district attorney and the grand jury be present in the grand jury room during the deliberations of the jury, but should not be in the room at the time the jury is deciding the case by their vote.</p> <p>4. Same.</p> <p>Where a county prosecuting attorney is present with the grand jury during their deliberations on their invitation and it is not shown that he improperly influenced the grand jury, his presence at such time will not invalidate an indictment.</p> <p>5. Indictment. Objections. Motion to quash. Code 1906, section 1427.</p> <p>Where objections to indictments are dehors the face thereof, under section 1427, Code 1906, it was