People v. Lon Me
California Supreme Court
Appeal from the County Court of San Joaquin County. The defendant was indicted for the crime of housebreaking. The indictment was found on the 10th day of September, 1874. The Act, approved March 26, 1872, permitted the Judge of the County Court of San Joaquin County to appoint a short-hand official reporter, and also allowed said Judge, on the request of the District Attorney, to direct such reporter to appear before the grand jury and take down the evidence of witnesses.
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Appeal from the County Court of San Joaquin County. The defendant was indicted for the crime of housebreaking. The indictment was found on the 10th day of September, 1874. The Act, approved March 26, 1872, permitted the Judge of the County Court of San Joaquin County to appoint a short-hand official reporter, and also allowed said Judge, on the request of the District Attorney, to direct such reporter to appear before the grand jury and take down the evidence of witnesses. On the 7th day of September, the Judge made such order, and, in compliance therewith, E. E. Hood, the official reporter…
1Opinion of the Court
By the Court, McKinstry, J.:
The County Court erred in denying the motion of defend*354ant to set aside the indictment, on the ground that a person other than the members of the grand jury, the Judge, the District Attorney and the witnesses actually under examination, was permitted to be present during the session of the grand jury when the charge embraced in the indictment was under consideration.
The Act of March 26, 1872, (statutes 1871-2, p. 551,) was repealed, constructively by section 269 of the Code of Procedure, (amendments to Code of Civil Procedure, twentieth session, p. 288,) and by…
2Cited by2 opinions
- Stevens v. TrumanCalifornia Supreme Court · 1899
- Charnock v. RoseCalifornia Supreme Court · 1886