Ex parte Bull

Citations

• 42 Cal. 196

Syllabus

<p>Commitment by a Justice oe the Peace—Discharge.—A commitment by a Justice of the Peace holding a party to appear before a Grand Jury to answer upon a charge of murder, must state the name of the person alleged to have been murdered. But the omission of such name is not such a defect as will entitle the accused to be discharged on habeas corpus.</p> <p>Discharge for Pailure to Indict.—Where a party who has been held to answer upon a criminal charge is not indicted by the Grand Jury at the term of Court next after his commitment, he is entitled to be discharged, unless good cause be shown for his further detention.</p> <p>Good Cause for Detention of Party Accused of Crime.—The facts constituting good cause for the detention of a party not indicted at the next term, must, in a great measure, be left to the discretion of the Court, to be determined by the particular circumstances of each case; and their sufficiency, or insufficiency, cannot be examined by the Supreme Court through the instrumentality of a writ of habeas corpus.</p> <p>Insufficient Cause fob Detaining a Prisoner.—The mere recommendation of a Grand Jury, that such party be detained to answer before another Grand Jury, is not of itself good cause for his detention.</p> <p>Presumption .as to Discretion of Court.—Where the record shows that the accused was detained upon the recommendation of the Grand Jury alone, the usual presumption that the discretion of the Court was exercised upon sufficient grounds, cannot be indulged.</p>