People v. Hunter

Citations

• 54 Cal. 65

Syllabus

<p>Grand Jury—Indictment—Death oe Grand Juror.—An indictment found by twelve of the grand jurors is valid, although the grand jury, owing to the death or absence of one or more of its members, may consist of less than nineteen at the time of finding the indictment.</p> <p>Same—Same.—Query ? The opinion of the Court in State v. Davis, 2 Ired. 157, cited to the effect that an indictment found by twelve grand jurors is valid, although less than the number required by law were originally impanneled; but held that the exigencies of the present case do not require the Court to go so far.</p> <p>Same—Same.—It is the settled doctrine of this Court, that an objection to the formation of the grand jury cannot be presented in the Court below, on a motion to set aside the indictment.</p>