Article clipped from Star Gazette

Criminal Court of Appeals Reverses.Cases of Eubank^ and ElderThe criminal court of appeals reversed the convictions of Ira N. Eubanks and Benedict Elder; both prominent attorneys at McAlestcr, 011 forgery charges, and held that the indictments against them should have been quashed cases by the lower court.In the Eubanks case it was showni*that sixteen indictments were returned, and testimony of members of the grand jury showed that the jury only voted on the.indictments three times, had never read any of them and did not know what they charged, except | as indicted by the titles. The court, as is its habit, disregards the common law procedure and holds that testimony as to what occurred in the grand jury room may be introduced to sIiot:the irregularity of such proceedings the only limit being that a witness, is not permitted to testify as to how ahy member of the grand jury voted or expressed himself on any case.The opinion, written by Judge Doyle contains a strong plea for the preservation of the dignity and regularity of procedure before the grand jury.β€œIt Is as much the duty of the grand jury to protect the innocent as to accuse the guiUy. says Judge Doyle. It should shMid the citizens alike from false accusations of private malice tmd the paflsion of public.^clamor. It should never we used for the gratification of personal i 11 will or hatred or to promote 4k e secret plottings of power, party or faction, or to disgrace those whom public or private enemies wish to destroy.
Newspaper Details

Star Gazette

Sallisaw, Oklahoma, US

Fri, Apr 14, 1911

Page 1

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Howard E.

GA, USA 05 Dec 2021

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