Joseph McKenna

“ That they are, we think, is obvious; and, as we have said, the law neither offers nor withholds substantial rights. It constitutes one of its instrumentalities of persons having certain qualifications which cannot affect essentially the charge against, or the defense of, any defendant. It is the conception of the state that a grand jury so constituted would be more efficient in the administration of justice than one not so constituted, but that there would be counteracting disadvantages if the right of challenge should be extended beyond the date of the empanelment of the jury. ”

“ It is to the effect that certain qualifications have been deemed advisable in order to make the grand jury a more efficient instrument of justice, qualifications which have no relation to any particular defendant or class of defendants. And the practical is regarded. Objection may be taken before a jury is sworn, but not afterwards; and the statute uses for its purpose the prosecutor of pleas, those who stand accused of crime, and even, the court says, an amicus curioe. A grand jury thus secured will have all the statutory qualifications in most cases for all defendants ”

“ Plaintiff in error was convicted in the court of oyer and terminer of Middlesex county, New Jersey, of the crime of murder. His conviction was successively affirmed by the supreme court of the state and the court of errors and appeals. ”