Legal Opinion

Halsey v. Superior Court of S.F.

California Supreme Court

Decided September 23, 1907No. S.F. No. 4853PublishedCited by 9 opinions

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.

1Opinion of the Court

THE COURT.

petitioner seeks a writ of prohibition to restrain the superior court of the city and county of San Francisco from proceeding with his trial under a paper purporting to be an indictment, charging him with having committed a felony, which paper was presented and filed in said court as an indictment by a body of men assuming to act and acting as a grand jury of such city and county. It is claimed by petitioner that at the time of the finding and presentation of this indictment (March 20, 1907) this body of men did not constitute a grand jury at all, and that consequently the…

2Cases cited5 opinions

  1. Crocket v. StateIndiana Supreme Court · 1870
  2. In re GannonCalifornia Supreme Court · 1886
  3. People v. LeonardCalifornia Supreme Court · 1895
  4. State ex rel. Clark v. District CourtMontana Supreme Court · 1904
  5. Kelly v. WilsonCalifornia Supreme Court · 1886

3Cited by9 opinions

  1. People v. SnyderCalifornia Supreme Court · 1958
  2. Reynolds v. E. Clemens Horst Co.California Court of Appeal · 1917
  3. Brobeck v. Superior Court of Cal., in & for S.F.California Supreme Court · 1907
  4. State v. Superior Court in and for County of PimaCourt of Appeals of Arizona · 1966
  5. State Ex Rel. Clark v. District CourtMontana Supreme Court · 1930

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