Mason v. State
During the defendant's trial for capital murder, the trial court
incorrectly denied the defendant's pre-trial motion to quash the
indictment after the State conceded that the indictment was obtained in
a grand jury proceeding that violated Code of Criminal Procedure art. 20.011 and 20.04 The presence of two law enforcement officers who questioned
witnesses in the grand jury room was clearly improper. The officers
questioned a witness regarding evidentiary details, asked leading and
suggestive questions, attempted to rehabilitate the witness, and
bolstered the witness's testimony. While the State acknowledged its
mistake, it still tried to persuade the trial court to deny the motion
to quash, which was the ultimate result. The case is reversed and
remanded for a new trial.
