Halsey v. Superior Court of S.F.
California Supreme Court
APPLICATION for a Writ of Prohibition directed to the Superior Court of the City and County of San Francisco. Frank H. Dunne, Judge. The facts are stated in the opinion of the court. Bert Schlesinger, William P. Humphreys, and D. M. Delmas, for Petitioner. W. H. Langdon, District Attorney, William Hoff Cook, Assistant District Attorney, Francis J. Heney, and Charles W. Cobb, for Respondent.
1DissentMcFARLAND, J.
I dissent, and think that the writ of prohibition asked for should be granted. I base this conclusion on the ground that at the time of the presentation of the indictment against the petitioner the body of men who undertook to indict him was not a grand jury, and that the purported indictment was a nullity and gave no jurisdiction to the superior court to try the petitioner.
A man cannot be legally placed on trial for a felony at the will of any person or body of persons who may choose to make an accusation against him. The accusation must be made in manner as provided by law, and if there is…
2Cases cited4 opinions
- In re GannonCalifornia Supreme Court · 1886
- People v. LeonardCalifornia Supreme Court · 1895
- Maginn v. LancasterMissouri Court of Appeals · 1903
- Kelly v. WilsonCalifornia Supreme Court · 1886