279 P. 1031 | Cal. Ct. App. | 1929
In brief, the history of the litigation represented by this appeal is that in the month of May, 1925, defendant was convicted of the crime of robbery. His appeal from the judgment rendered against him resulted in an affirmance of such judgment. (People
v. Smith,
In his closing brief appellant has expressly abandoned the point first suggested herein.
[1] Assuming (but not conceding) that the facts as shown by the record presented herein compel the conclusion that the grand jury in question was irregularly drawn and selected, nevertheless, according to the statutes and the decisions affecting such a situation, it does not follow that in the circumstances defendant is now in a position to take advantage of such defects.
By a provision of the Penal Code, among other things, in effect it is provided that in answer to his arraignment the defendant may move to set aside the indictment or information (sec. 990, Pen. Code); and section 995 of the same code provides that the indictment must be set aside "where it is not found, indorsed, and presented as prescribed in this code . . ." In the case ofPeople v. Bawden,
The following authorities also support the rule: People v.Lawrence,
In the case of People v. Murphy,
The order is affirmed.
Conrey, P.J., and York, J., concurred.
A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on August 29, 1929.
All the Justices concurred.