People v. Stacey (1867) · DecisionDepot

People v. Stacey

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1867Published

Before: Sanderson

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Holding. A defendant waives any objections to the formation of a grand jury if they fail to move to set aside the indictment before pleading or demurring to it.

Issues

Whether a defendant may challenge the formation of a grand jury after pleading to the indictment.
Whether an order setting aside an indictment and discharging a defendant constitutes a final judgment appealable by the state.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“A motion to set aside an indictment for any cause must be made before the defendant pleads or demurs.”

“he had pleaded to the indictment, without interposing any objection to the Grand Jury, and thereby waived whatever objections may have existed.”

“The action of the Court in setting aside the indictment and discharging the defendant without day was a final disposition of the case, and therefore a final judgment”

Synopsis

Setting Aside Indictment.—A motion to set aside an indictment for any cause must be made before the defendant pleads or demurs. If not so made, the defendant is precluded from afterwards taking the objections which he is allowed to present on said motion.

Idem—Final Judgment.—The order of Court setting aside an indictment for a . felony, and discharging the defendant without day, constituted a final disposition of the case, and was a final judgment in the sense of the statute in relation to appeals in criminal cases.

By the Court, Sanderson, J.: This is substantially like the case of The People v. Hidden, 32 Cal. 445.

A motion to set aside an indictment for any cause must be made before the defendant pleads or demurs. (Crim. Pr. Act, Secs. 277-79.) If not so made the defendant is precluded from afterwards taking the objections which he is allowed to present on such motion. (Sec. 280; People v. Freeland, 6 Cal. 98; People v. Lawrence, 21 Cal. 368; People v. Lopez, 26 Cal. 112; People v. King, 28 Cal. 272.)

Whether the defendant was in a position to have taken advantage of any informality of the Court in the formation of the Grand Jury the record fails to show; hut conceding that he was, he had pleaded to the indictment, without interposing any objection to the Grand Jury, and thereby waived whatever objections may have existed.

The action of the Court in setting aside the indictment and discharging the defendant without day was a final disposition of the case, and therefore a final judgment, within the meaning of the statute in relation to appeals in criminal cases. (Crim. Prac. Act, See. 481.) The proof of service of the notice of appeal is also sufficient. (Sec. 488.)

[309]Judgment reversed and cause, remanded for further proceedings.

People v. Stacey

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