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Durden v. State

A grand jury properly summoned, sworn and charged to serve during a particular term of the court may recess and reconvene as it sees fit to conduct its business in the course of that term and need not be re-sworn or recharged by the court during that term.

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Appellant Johnathan Durden was convicted of malice murder and related offenses in connection with the stabbing death of Ricky Grice, Jr. Durden now appeals, alleging that the trial court erred in failing to grant his request to quash his indictment and in failing to give a curative instruction after alleged improper comments were made by the prosecutor during closing argument. Finding no error, we affirm.1

Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial established as follows. Alexa Blubaugh, Durden’s girlfriend, was living with him in his trailer on the date of the incident. Blubaugh and Durden had recently reconciled after separating for approximately one week, during which time Blubaugh had befriended Grice. On the day of the murder, Grice drove to Durden’s residence to take Blubaugh and her sick dog to the veterinarian. Upon his arrival, Grice met Durden for the first time and learned that the canine had died a few hours earlier. Blubaugh testified at trial that, while Durden and Grice did not exhibit any animosity toward one another, Durden was acting paranoid and appeared to be jealous of Grice.

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