People v. Stuart
California Supreme Court
Appeal from the District Court for Trinity County. The opinion contains a statement of the case. *lst. The Court erred in refusing to set aside the [219] indictment on the motion of the defendant.
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Appeal from the District Court for Trinity County. The opinion contains a statement of the case. *lst. The Court erred in refusing to set aside the [219] indictment on the motion of the defendant. The Act to Eegulate Proceedings in Criminal Cases, passed May 1st, 1851, provides, in section 278, for what causes indictments may be set aside; the first of which is, “where it is not found indorsed and presented as prescribed in this Act ” In the case at bar the indictment was found solely on the depositions of witnesses taken before the committing magistrate. The witnesses were not examined…
1Opinion of the CourtJustice Wells
Mr. Ch. J. Murray and Mr. J. Heydeneeldt concurred.
The appellant was indicted for murder by the Grand Jury of Trinity County, and the indictment was transmitted by the Clerk of the Court of Sessions to the District Court for said county. In the District Court, the defendant moved to set aside the indictment:
1st.. Because the grand jury had no other proof before them, except the depositions of the witnesses taken by the Committing Magistrate, the witnesses themselves being within the county, but not having been called before the grand jury.
2d. Because the grand jury was not drawn and summoned…
2Cited by6 opinions
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- Buckheit v. Decatur Land Co.Supreme Court of Alabama · 1903
- Farrington v. McClellanCalifornia Court of Appeal · 1915
- Nelson v. ZiegfeldSupreme Court of Florida · 1930
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