People v. Clarke
California Supreme Court
Appeal from the County Court of Alameda County. The defendant was arrested in February, 1871, for the murder, in Alameda County, of Zelotes Reed, and held to answer. At the next term of the County Court of that county the Grand Jury investigated the charge, and ignored the bill.
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Appeal from the County Court of Alameda County. The defendant was arrested in February, 1871, for the murder, in Alameda County, of Zelotes Reed, and held to answer. At the next term of the County Court of that county the Grand Jury investigated the charge, and ignored the bill. The District Attorney afterwards moved to resubmit the charge to another Grand Jury; and the County Court, upon the ground that the defendant had been admitted to testify as a witness on his own behalf, and that the admission of such testimony by the Grand Jury was error, granted the motion. The defendant appealed…
1Opinion of the Court
By the Court, Crockett, J.:
The only question on this appeal which it is necessary to consider is, whether an order of the County Court, directing that a charge which has been ignored by a former Grand Jury be submitted to another Grand Jury, is, in any ease, an appealable order. Section four hundred and eighty-one of the Criminal Practice Act provides that an appeal may be taken “to the Supreme Court from a final judgment of the District Court or County Court, in all criminal cases amounting to a felony, on questions of law alone; also, from an order of the District Court or County Court…
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