People v. Stacey
California Supreme Court
Appeal from the County Court, Santa Clara County. The defendant was indicted by the Grand Jury of Santa Clara County for the crime of an assault with a deadly weapon, with intent to commit upon the person of another a great bodily injury, where no considerable provocation appeared therefor—upon which indictment he was duly arraigned in said County Court, and to said charge pleaded not guilty.
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Appeal from the County Court, Santa Clara County. The defendant was indicted by the Grand Jury of Santa Clara County for the crime of an assault with a deadly weapon, with intent to commit upon the person of another a great bodily injury, where no considerable provocation appeared therefor—upon which indictment he was duly arraigned in said County Court, and to said charge pleaded not guilty. Thereafter, on his motion by his attorney, said Court, on the alleged ground of irregularities occurring in the empaneling of said Grand Jury, set aside and dismissed said indictment, and discharged said…
1Opinion of the Court
By the Court, Sanderson, J.:
This is substantially like the case of The People v. Hidden, 32 Cal. 445.
A motion to set aside an indictment for any cause must be made before the defendant pleads or demurs. (Crim. Pr. Act, Secs. 277-79.) If not so made the defendant is precluded from afterwards taking the objections which he is allowed to present on such motion. (Sec. 280; People v. Freeland, 6 Cal. 98; People v. Lawrence, 21 Cal. 368; People v. Lopez, 26 Cal. 112; People v. King, 28 Cal. 272.)
Whether the defendant was in a position to have taken advantage of any informality of the Court in the…
2Cases cited5 opinions
- People v. KingCalifornia Supreme Court · 1865
- People v. LawrenceCalifornia Supreme Court · 1863
- People v. FreelandCalifornia Supreme Court · 1856
- People v. LopezCalifornia Supreme Court · 1864
- People v. HiddenCalifornia Supreme Court · 1867
3Cited by7 opinions
- People v. EganCalifornia Court of Appeal · 1946
- Roman v. StateArizona Supreme Court · 1921
- People v. MiddletonCalifornia Court of Appeal · 1930
- State v. SmithMontana Supreme Court · 1892
- People v. GodfreyCalifornia Court of Appeal · 1929
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