People v. Hernandez

A court trial resulted in a conviction of defendant and appellant on four counts of violation of section 11500 of the Health and Safety Code (selling a narcotic). The sufficiency of the evidence is not questioned. The claim is that the indictment had not been found, endorsed and presented as prescribed by law, and that an unauthorized person was present before the grand jury during the taking of testimony, to wit, an interpreter who was not sworn as such. The point is that the court should have granted defendant’s motion to set aside the indictment on the grounds noted, which motion was made…