The Grand Jury An Essay Awarded the Peter Stephen Duponceau Prize By the Law Ac

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The Grand Jury An Essay Awarded the Peter Stephen Duponceau Prize By the Law Ac
George John Edwards
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481 ; Dorman v. State, 56 Ind. 454 ; Dowling v. State, 5 Smedes & M. (Miss. ) 664; Portis v. State, 23 Miss. 578 ; Yelm Jim v. Territory, i Wash. T. 63 ; Watt v. Territory, Id. 409.
ORGANIZATION AND QUALIFICATIONS. 5!
of persons to be summoned as talesmen, while this is an irregu- larity, it has been held not sufficient to invalidate an indictment found by a grand jury so constituted * In the absence of a statute regulating the summoning of talesmen it has been held that a judge has no authorit
...y to issue a venire to supply nny deficiency in the number of grand jurors, but that a tales should issue and by-standers be brought in. 31 Substitutes can- not be received for any part of the regular panel. 32 Before talesmen can lawfully be summoned, the panel must be reduced below the number necessary to indict or form a legal grand jury, 33 and this must be shown affirmatively by the record which must also show that a formal order for sum- moning talesmen was made by the court. If this be not affirm- atively shown by the record, it is an irregularity which may be taken advantage of by motion to quash.

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