People v. Simmons

Citations

• 119 Cal. 1
• 50 P. 844
• 1897 Cal. LEXIS 833

Syllabus

<p>Oeiminal Law—Appeal—Review of Motion to Set Aside Indictment—Bill of Exceptions.—An order denying a motion to set aside an indictment is not appealable; but such order may be reviewed upon appeal from the judgment, where the proceedings are brought up by a bill of exceptions.</p> <p>Id.—Disqualification of Gband Jubob—Challenge, to Panel—Legality of Indictment — Absence of Gband Jubob.— The disqualification of an individual grand juror is not ground for a challenge to the panel; nor can the absence of a grand juror, whether qualified or disqualified, during the consideration of a case by the grand jury, affect the validity or legality of its action; and an indictment cannot be set aside for the disqualification of a juror, in the finding of which he took no part.</p>