Commonwealth v. Stone
This text of 105 Mass. 469 (Commonwealth v. Stone) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The usual and proper practice is, that the prosecuting officer shall countersign indictments; but there is nothing in the statutes requiring it, and we do not think it is indispensable to the validity of an indictment. It has been so held in New Hampshire. State v. Farrar, 41 N. H. 53. The bill is to be found by the grand jury, and therefore the signature of ihe foreman is necessary. Webster's case, 5 Greenl. 432. State v. Squire, 10 N. H. 558. State v. Freeman, 13 N. H. 488. But the prosecuting attorney acts independently of the grand jury and not as a part of that body. Exceptions overruled.
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105 Mass. 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-stone-mass-1870.