Us Supreme Court Court October 1912 Judgments

Breese Vs. United States

Court: US Supreme Court

Breese v. United States - 226 U.S. 1 (1912) U.S. Supreme Court Breese v. United States, 226 U.S. 1 (1912) Breese v. United States No. 476 Argued October 15, 1912 Decided October 28, 1912 226 U.S. 1 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus An indictment duly found by the federal grand jury, while in session in a room adjoining the court room with a door opening into the court room, and which is presented in the manner prescribed by the law of the state to the presiding judge in open court while the jurors are still in session and able to see the actions of the foreman, is not void because the grand jury did not in a body accompany the foreman into the court room. An objection that an indictment was not, under such circumstances, duly presented and publicly delivered, should be taken at the first opportunity, and is lost by failure to do so; nor is it saved by permission given, when pleading not guilty, to take advantage upon motion in ar...