People v. Lee
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Appeal by the people from the order sustaining a demurrer to the indictment, and directing the submission of the cause to another grand jury.
A motion to dismiss the appeal is made by the respondent, and this motion first invites consideration.
Respondent contends that, the court having directed the submission of the matter to another grand jury, in the belief that the defect found in the indictment was curable (Pen. Code, sec. 1008), the right of the people to appeal is thereby cut off. The authority relied upon is the case of People v. Wooster, 16 Cal. 435. But the case of the People v.…
2Cases cited1 opinion
- People v. WoosterCalifornia Supreme Court · 1860
3Cited by15 opinions
- People v. AgnewCalifornia Court of Appeal · 1947
- People v. MalleyCalifornia Court of Appeal · 1920
- People v. WardCalifornia Supreme Court · 1895
- Anderson v. Superior CourtCalifornia Supreme Court · 1967
- People v. BradburyCalifornia Supreme Court · 1909
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