People v. Lopez
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. The defendant was indicted for the crime of murder. • William Slater and Ellen Slater were examined as witnesses, before the Grand Jury, but their names were not inserted at the foot of nor indorsed on the indictment. During the trial they were introduced as witnesses by the District Attorney on behalf of the People.
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Appeal from the District Court, Sixth Judicial District, Sacramento County. The defendant was indicted for the crime of murder. • William Slater and Ellen Slater were examined as witnesses, before the Grand Jury, but their names were not inserted at the foot of nor indorsed on the indictment. During the trial they were introduced as witnesses by the District Attorney on behalf of the People. Defendant, by his attorneys, objected to their being allowed to testify, because their names were not on the indictment. The Court overruled the objection. Defendant, by his attorneys, after-wards moved…
1Opinion of the Court
By the Court, Sanderson, C. J.
The refusal' of the Court to "strike out the testimony of William and Ellen Slater was not error. The two hundred and thirty-second section of the Criminal Practice Act, (Wood’s Digest, p. 288) requires the names of the witnesses who are examined before the Grand Jury to be inserted at the foot of the indictment, or indorsed thereon, before it is presented to the Court; but the only consequence of a noncompliance therewith is prescribed in the two hundred and seventy-eighth section of the same Act, which provides that the indictment may be set aside by the Court…
2Cases cited1 opinion
- People v. FreelandCalifornia Supreme Court · 1856
3Cited by9 opinions
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- People v. StaceyCalifornia Supreme Court · 1867
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