People v. Colby
California Supreme Court
Appeal from a judgment for the plaintiff, upon an indictment for murder in the Twentieth District Court, County of Santa Cruz. The facts are stated in the opinion.
1Opinion of the Court
By the Court.
We think the petition for a rehearing should be denied; but as certain questions are considered and apparently decided in the former opinion herein, the determination of which is not absolutely required by the exigencies of the case, that opinion is so far modified as to make the judgment depend exclusively upon our affirmance of the rule as laid down in People v. Southwell, (46 Cal. 142) viz., that a motion to set aside an indictment can only be based upon the grounds enumerated in sec. 995 of the Penal Code, and that the clause that an indictment .shall be set aside where not…
2Cited by19 opinions
- People v. KempleyCalifornia Supreme Court · 1928
- Bruner v. Superior CourtCalifornia Supreme Court · 1891
- Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
- People v. HatchCalifornia Court of Appeal · 1910
- People v. JeffersonCalifornia Supreme Court · 1956
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