Breese v. United States
226 U.S. 1 (1912)

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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

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 arrest of judgment of all matters that can be availed of on motion to quash or demurrer.

An order of the court saving rights to one pleading to an indictment does not create new rights.

Section 1025, Rev.Stat., indicates a policy that technical objections to an indictment not presented at the first opportunity are waived and should be construed as extending to the objection raised in this case, the same not being based on a constitutional right.

The facts, which involve the validity of an indictment for conspiracy under § 5440, Rev.Stat., are stated in the opinion.

Page 226 U. S. 7

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