People v. Millsaps

California Supreme Court July 1, 1868

People v. Millsaps, 35 Cal. 47 (Cal. 1868)

Sprague

Opinion of the Court

By the Court, Sprague, J.:

The record discloses no error in drawing or empanelling the grand jury. The presumption is, that the Court did not excuse persons summoned as grand jurors without legal cause. (People v. Hidden, 32 Cal. 445.) And section ten of the Act concerning jurors, applicable to Colusa County, (Stats. 1863-4, p. 526,) authorizes the Court to order the Sheriff to summon from the body of the county * * * a sufficient number to complete the grand jury, in case o *49those originally summoned a sufficient number cannot be obtained to form a-grand jury of seventeen.

Judgment affirmed.

Mr. Justice Sanderson expressed no opinion.

Reference

Full Case Name: THE PEOPLE OF THE STATE OF CALIFORNIA v. A. J. MILLSAPS
Status: Published
Syllabus: Presumptions—Excusing G-rand Jurors.—Where, on a motion to set aside an indictment for alleged errors committed in empanelling the grand jury by which the indictment was found, it was shown, only, that certain persons who had been drawn as such jurors were excused by the Court, the cause therefor not appear» ing: Held, that it will be presumed, in the absence of a showing to the contrary, that the Court did not excuse said persons without legal cause.