[Download] "People v. Hernandez" by Fourth Appellate District District Court Of Appeal Of California # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Hernandez
- Author : Fourth Appellate District District Court Of Appeal Of California
- Release Date : January 22, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
A court trial resulted in a conviction of defendant and appellant on four counts of violation of section 11500 of the Health and Safety Code (selling a narcotic). The sufficiency of the evidence is not questioned. The claim is that the indictment had not been found, endorsed and presented as prescribed by law, and that an unauthorized person was present before the grand jury during the taking of testimony, to wit, an interpreter who was not sworn as such. The point is that the court should have granted defendants motion to set aside the indictment on the grounds noted, which motion was made just prior to trial. Appellant cites such authority as People v. Lem Deo, 132 Cal. 199 [64 P. 265]; Husband v. Superior Court, 128 Cal. App. 444 [17 P.2d 764]; Code of Civil Procedure, section 1884, and Penal Code, section 925. Defendant has attempted to appeal from the judgment, the order denying his motion for new trial, and denying the motion