Lawyers' Reports Annotated Volume 45

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...ill-will or malevolence shall be excluded." In State v. Barnett, 98 Miss. 812, 54 So. 313, it was held that an indictment should be quashed where the attorney of the person alleged to have been defrauded in the charge of ob taining money under false pretenses appeared before the grand jury and drew the indictment. And in Herrington v. State, 98 Miss. 411, 53 So. 783, where the sheriff went before the grand jury and assisted in the examination of the witnesses, it was decided that it was improper for an outsider to take any part in the deliberations of the grand jury. It appears in this case that the private attorney who went before the grand jury had not been summoned as a witness in the case against appellant, that he was not an officer having any duty to perform in the matter before the jury, and that he was in fact an outsider. The purpose of the law is to prevent outsiders from taking any part whatever in the deliberations of the jury, and to prevent them from influencing the jury in any manner and to any extent in their effort to reach proper conclusions. It must have been the purpose of the attorney in this case, when he went before the grand jury, to advance in some way the prosecution of the case against the appellant. We emphatically disapprove of all interference or influence by outsiders with the grand jury during its deliberations. Its members should be permitted to act free from sway or control from any source. As an informing and accusing tribunal it has an important and solemn responsibility. It owes a duty to the state and a duty to the citizen. Its performance of these duties should be without fear or favor, or any other manner of influence. The judgment of the court below is reversed, the indictment quashed, and the defendant held to ...