People v. Johnston
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, County of Amador. The defendant was indicted for the crime of murder in the first degree, was convicted, and appealed. The other facts' are stated in the opinion.
1Opinion of the Court
By the Court:
The only point made for the prisoner is that the indictment does not appear to have been signed or indorsed by the foreman of the Grand Jury. No motion to set aside the indictment was made by the prisoner in the Court below, but the cause was tried upon the plea of not guilty, interposed by him. By section nine hundred and ninety-six of the Penal' Code, which substantially corresponds with section two hundred and eighty of the Criminal Practice Act formerly in force, an objection of this character, to be availed of, is to be made by motion of' the prisoner to set aside the…
2Cited by4 opinions
- State v. KuselWyoming Supreme Court · 1923
- People v. FritzCalifornia Court of Appeal · 1921
- People v. MiddletonCalifornia Court of Appeal · 1930
- State v. McElvainOregon Supreme Court · 1899