State v. Heaton

Citations

• 21 Wash. 59
• 56 P. 843
• 1899 Wash. LEXIS 240

Syllabus

<p>INDICTMENT- — LEGALITY-SPECIAL COUNSEL BEFORE GRAND JURY.</p> <p>The appointment by the court of special counsel to represent the state before the grand jury, while the prosecuting attorney stands ready and willing to perform his duties in that respect, will warrant the setting aside of any indictment found by the grand jury at the instance of such special counsel, since the court is authorized by statute to appoint special counsel only in case the prosecuting attorney fails, from sickness or other cause, to attend court.</p>