Ex parte Clarke

In bank, McKinstry, J.:

At- the conclusion of term of the County Court, at which a charge of murder against the petitioner had been resubmitted to the grand jury, under § 941 of the Penal Code, (the grand jury having dismissed the charge) the Court made an' order discharging the petitioner, and releasing the’ sureties upon his bail bond.

Petitioner was afterward arrested under a warrant issued on a complaint filed with a Justice of the Peace, charging him with the crime of murder, and is now in custody, pending his examination before such Justice as a committing magistrate.

Sections 941 and 942…