People v. Prather

Defendant has been convicted of the crime of perjury, and appeals from the judgment and from the order denying his motion for a new trial. He first attacks the validity of the impanelment of the grand jury which found the indictment against him.

Among other matters, section 242 of the Code of Civil Procedure provides: "When, of the persons summoned as grand jurors, and not excused, nineteen are present, they shall constitute the gland jury. If more than nineteen of such persons are present, the clerk shall write their names on separate ballots, which he must fold so that the names cannot be…