Legal Opinion

Brobeck v. Superior Court of Cal., in & for S.F.

California Supreme Court

Decided November 13, 1907No. S.F. No. 4859PublishedCited by 8 opinions

APPLICATION for a Writ of Prohibition directed to the Superior Court of the City and County of San Francisco. Prank H. Dunne, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

This is an-application for a writ of prohibition to restrain the superior court from proceeding with the trial of petitioner upon an indictment found by a grand jury. In addition to the point made in Halsey v. Superior Court, ante, p. 71, [91 Pac. 987], petitioner claims that there was absolutely no evidence produced before the grand jury tending to show him to be guilty of any public offense. His contention is that an indictment found and presented without any evidence to warrant it is a nullity, and that the superior court is without jurisdiction to proceed thereon. It is,…

2Cases cited2 opinions

  1. In Re KennedyCalifornia Supreme Court · 1904
  2. Halsey v. Superior Court of S.F.California Supreme Court · 1907

3Cited by8 opinions

  1. Greenberg v. Superior CourtCalifornia Supreme Court · 1942
  2. State v. ChanceNew Mexico Supreme Court · 1923
  3. State v. DaileyWest Virginia Supreme Court · 1913
  4. People v. CasanovaCalifornia Court of Appeal · 1921
  5. People v. PanagoitCalifornia Court of Appeal · 1914

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