In Re Tipton

[743]

CONREY, P. J.

The petitioner, who is in jail in the custody of the sheriff of the county of Kings, appears to be without the assistance of counsel, and has sent to this court by mail an application in the nature of an application for a writ of

habeas corpus.

As might naturally be expected under such circumstances, the petition is very defective in form. Nevertheless, the court will rule upon the points which appear to be most essential, in order to dispose of the matter.

It is provided by the Penal Code, section 1474, that an application for a writ of

habeas corpus

must be verified by the oath or affirmation of the party making the application. Being ignorant of the fact that such oath or affirmation must be certified by an officer authorized to administer oaths, the petitioner has indorsed upon the petition, at the top of the last page thereof, the following: “I hereby certify that this

habeas corpus

is the truth, the whole truth, and nothing but the truth. So help me God. John H. Tipton.” We might dispose of the matter by denying the petition on the ground that it is not verified as required by law. If this were the only defect, we would cause the petition to be returned for verification, but in order to further assist the petitioner, we will examine the petition further at this time.

It appears that in an action entitled,

“The People

vs.

Jennie L. Brown, John H. Tipton, and Fred Mills,”

the defendants were convicted of murder in the second degree. They appealed from the judgment. The matter came on for hearing before the second district court of appeal, division two, and in that court, on the seventh day of February, 1927, the judgment was reversed “with directions to the trial court to set aside the indictment.” This was done because, as set forth in the opinion of the court, the grand jury violated some of the provisions of law governing the manner in which they are permitted to hold their sessions and receive evidence. (People v.