People v. Millsaps
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Colusa County. The defendant, who had been indicted by the grand jury of Colusa County for murder, was convicted of the crime of manslaughter. Before pleading to the indictment, the defendant moved to set it aside, because of divers alleged defects and irregularities in drawing and empanelling the grand jury by which it was found.
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Appeal from the District Court, Tenth Judicial District, Colusa County. The defendant, who had been indicted by the grand jury of Colusa County for murder, was convicted of the crime of manslaughter. Before pleading to the indictment, the defendant moved to set it aside, because of divers alleged defects and irregularities in drawing and empanelling the grand jury by which it was found. It appeared on the hearing of the motion that in this case no record was preserved of certain of the statutory proceedings required to be taken in drawing grand jurors, but the proceedings taken, so far as…
1Opinion of the Court
By the Court, Sprague, J.:
The record discloses no error in drawing or empanelling the grand jury. The presumption is, that the Court did not excuse persons summoned as grand jurors without legal cause. (People v. Hidden, 32 Cal. 445.) And section ten of the Act concerning jurors, applicable to Colusa County, (Stats. 1863-4, p. 526,) authorizes the Court to order the Sheriff to summon from the body of the county * * * a sufficient number to complete the grand jury, in case o *49those originally summoned a sufficient number cannot be obtained to form a-grand jury of seventeen.
Judgment affirmed.
Mr.…
2Cases cited1 opinion
- People v. HiddenCalifornia Supreme Court · 1867