Can a defendant challenge a grand jury indictment on the grounds that the evidence was not presented to the grand jury?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kennedy, 564 F.2d 1329 (9th Cir. 1977):

"The function of a grand jury is investigative. Its proceedings are not adversary in nature, but rather consist of inquiries conducted by laymen without resort to the technicalities of trial procedure. (Citations omitted.) * * * The indictment in the present case was valid on its face and the defendant was not entitled to challenge it on the ground that information which he considered favorable to his defense was not presented to the grand jury." United States v. Ruyle, supra at 1135-1136.

Page 1338

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