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People v. Johnston

California Supreme Court · No. 10,071 · 1874-07-01 · Published · 48 Cal. 549 · 1874 Cal. LEXIS 193

THE PEOPLE v. JOHNSTON

Area
criminal

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

By the Court:

The only point made for the prisoner is that the indictment does not appear to have been signed or indorsed by the foreman of the Grand Jury. No motion to set aside the indictment was made by the prisoner in the Court below, but the cause was tried upon the plea of not guilty, interposed by him. By section nine hundred and ninety-six of the Penal' Code, which substantially corresponds with section two hundred and eighty of the Criminal Practice Act formerly in force, an objection of this character, to be availed of, is to be made by motion of' the prisoner to set aside the indictment, and his failure to make such. a motion precludes him from afterwards taking the objection.

Judgment and order denying new trial affirmed. Kemittitur forthwith.

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