Cain v. State
Cain v. State
Opinion of the Court
delivered tbe opinion of tbe court.
Tbe mere fact tbat one of tbe grand jurors who returned tbe indictment against appellant was disqualified cannot avail when presented by motion to quash after tbe indictment bas been found and returned into court. Code 1892, § 2375, practically .in its present form, bas been tbe law of this state for nearly fifty years, and an unbroken line of decisions construing it have uniformly held tbat an appellant desiring to táke advantage of any lack of qualification on tbe part of any grand
Affirmed.
Reference
- Full Case Name
- Elias Cain v. State of Mississippi
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Cbiminai, Law. Disqualifications of grand jurors. Code 1892, § 2375. Challenges to grand jurors for disqualifications must he submitted before the grand jury is impaneled, regardless of whether the disqualification arises from bias or from personal incompetency, under Code 1892, § 2375, providing that grand jurors shall be examined by the court touching their qualifications before being sworn, and thereafter no objection shall be raised to the grand jury, but its impaneling shall be conclusive evidence of its qualifications.* 2. Sam®. Defendant unadvised. The statute applies to the case of a defendant who was not advised that his ease was to come before the grand jury for investigation and precludes him from raising any question as to the competency of any one or more grand jurors by motion to quash the indictment.