People v. Kelly
California Supreme Court
Appeal from the County Court of Santa Barbara County. The defendant was indicted and tried for, and was convicted of the crime of rape. He appealed from the judgment and from an order denying a motion for a new trial. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
1. The point that the Grand Jury were not drawn from a list of persons selected as required by law, is not well taken. The only showing made by the record in support of the exception, is the certificate of the Clerk of the Board of Supervisors, that no list of persons to serve as Grand Jurors during the year had been made by the Board. Section two hundred and twenty-six of the Code of Civil Procedure supplies the remedy for this omission, by providing that when jurors are not drawn and summoned, the Court “ may, by an order entered on its minutes, direct the Sheriff of the county…
2Cited by9 opinions
- State v. BaileySupreme Court of Kansas · 1884
- Territory v. HartMontana Supreme Court · 1888
- Woolsey v. StateCourt of Appeals of Texas · 1891
- El Pueblo de Puerto Rico v. Valentín VázquezSupreme Court of Puerto Rico · 1954
- People v. DuffekMichigan Supreme Court · 1910
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