Terrill v. Superior Court

Citations

• 6 Cal. Unrep. 398
• 60 P. 38
• 1899 Cal. LEXIS 1187

Syllabus

<p>Indictment—Validity.—Under' Penal Code, Section 1008, declaring that the judgment allowing a demurrer to an indictment is final, and a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection may be avoided in a new indictment, directs the case to be submitted to “another grand jury,” where a demurrer to the indictment was sustained, but the indictment was resubmitted to the same grand jury, which found another indictment, charging defendant with the same offense, founded on the same facts, such indictment was void.1</p> <p>Indictment—Validity.—Where the Grand Jury Submitting an indictment had no authority in the matter, the court is without jurisdiction.</p> <p>Prohibition—Void Indictment.—Where Defendant had Been Tried and convicted on an indictment that was void, a writ of prohibition will issue to prevent the trial judge from pronouncing sentence or further proceeding in the case, under Code of Civil Procedure, section 1103, providing that such writ may issue where there is no speedy and adequate remedy at law.2</p>