Ex parte Haymond

The Court.

The petitioner was subpoenaed as a witness before the grand jury of San Francisco. He refused to appear and testify, upon the ground that, in his opinion, the grand jury was not a lawful body. For this refusal he was convicted of a contempt of the superior court, and sentenced to fine and imprisonment. Thereupon he sued out this writ, under which he prays to be discharged from custody.

It is not controverted that he must be remanded and the writ discharged, unless he can show that the superior court exceeded its jurisdiction in the contempt proceeding.

In order to do this, petitioner…