gno.law

Russell v. Superior Court

California Supreme Court · S. F. No. 10677. · 1923-05-18 · Published · 215 P. 544 · 191 Cal. 194 · 1923 Cal. LEXIS 434

Clifford A. Russell v. the Superior Court

Outcome
writ granted — WRIT of prohibition to prevent trial of petitioner on a charge of threatening a grand juror. Writ granted. The facts are stated in the opinion of the court.
Area
civil
Panel
The Court (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

The writ of prohibition was ordered issued from the bench for the reason that the complaint charging the petitioner with contempt failed to state an offense.

[1] The petitioner was charged with threatening a grand juror with a prosecution for perjury in swearing out a search-warrant for intoxicating liquor. It is conceded that the proceeding for a search-warrant was instituted by the grand juror as a citizen, and not by virtue of his *Page 195 powers and duties as a grand juror, and for this reason petitioner's threat was not an interference with a grand juror, as such.

Writ of prohibition ordered issued.

All the Justices concurred.