“The question presented by this appeal is a rather difficult one requiring a prompt reply since the Dallas County Grand Jury involved is still in session.”
How later courts described this case
- “The question presented by this appeal is a rather difficult one requiring a prompt reply since the Dallas County Grand Jury involved is still in session.”
- habeas corpus remedy appropriate because prompt determination as to legality of allegedly illegally formed grand jury was necessary inasmuch as the grand jury was then in session returning indictments
- examining whether an indictment was void based on the organization of the grand jury
- pretrial habeas permitted to raise challenge that composition of grand jury illegal, rendering indictment void
Written by the judges who cited it.
The opinion
MORRISON, Judge
(concurring).
I join in the warning voiced by Judge ONION’s opinion. As a guideline for future cases, I refer to such opinion as well as the position I took in Tobin v. Broadfoot, 160 Tex.Cr.R. 190 , 268 S.W.2d 162 , 166 and my concurrence in Adame v. State, 162 Tex.Cr.R. 178 , 283 S.W.2d 223, 230 .