People v. Mullins
California Supreme Court
Appeal from the Court of Sessions of the County of Sacramento. The defendant, James Mullins, was indicted by the grand jury, empanneled in and for the county of Sacramento, for the crime of an assault with a deadly weapon, with the intent to inflict upon the person of one John McCoy a bodily injury. The indictment was found on the sixth day of May, 1858, and the defendant was arraigned and plead not guilty, on the tenth day of May following.
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Appeal from the Court of Sessions of the County of Sacramento. The defendant, James Mullins, was indicted by the grand jury, empanneled in and for the county of Sacramento, for the crime of an assault with a deadly weapon, with the intent to inflict upon the person of one John McCoy a bodily injury. The indictment was found on the sixth day of May, 1858, and the defendant was arraigned and plead not guilty, on the tenth day of May following. On the eighteenth day of May, 1858, the plea was, by leave of the Court, withdrawn, and a motion made by the defendant to set aside the indictment on the…
1Opinion of the CourtBurnett, J.
Terry, C. J., and Field, J., concurring.
The indictment in this case purports to be found by the grand jury of the county of Sacramento. The indictment was found on the sixth day of May, 1858, and the act of the Legislature, approved April 24, 1858, to incorporate the city and county of Sacramento, took effect on the first day of Maj^, 1858. The defendant moved, in the Court below, to set aside the indictment, upon the ground, that it was not found by a legal grand jury—there being no organization known as the county of Sacramento.
It is true the act creates a corporation under the name and…
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