People v. Young

By the Court, Shafter, J.:

Indictment for perjury. The indictment was set aside on the defendant’s motion, on the ground that it was found on illegal testimony. It appeared that the members of a former grand jury, before which the perjury was alleged to have been committed, testified before the grand jury by which the indictment was found as to the evidence given by the defendant before the grand jury first named.

I. It is not necessary to determine whether it was strictly competent for the members of the grand jury before which the perjury was alleged to have been committed, to testify as to…