A Grand Jury Of Five

A man was convicted of murder by the courts of an Indian nation and sentenced to death. He attacked the indictment against him. The grand jury that returned it had only five members, and he said that was too few under the nation's own written law, which he read as requiring thirteen. He also said it broke the grand jury guarantee in the Fifth Amendment of the United States Constitution. The question was whether that guarantee reaches a tribe's own courts at all.