In Re Wells

Appellant Warren Wells and seven codefendants were indicted on two counts of attempted murder (Pen. Code, § 187) and two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (b)). Appellant’s case was severed for trial. After two previous trials had ended in jury disagreement, appellant was finally found guilty of the assault charges and not guilty of attempted murder. The appeal is from the ensuing judgment of conviction; a petition for habeas corpus, filed by Wells, has been consolidated with the appeal. We find no error in the trial, but reverse the judgment so that appellant’s challenge to the composition of the grand jury can be determined.

Appellant does not contest the sufficiency of the evidence, which shows that on the evening of April 6, 1968, Oakland Police Officers Darnell and Jensen, on patrol in West Oakland, were attacked by a group of armed men. The officers were both wounded, but Darnell was able to return the gunfire. Two groups of men fled from behind parked automobiles as other officers arrived. Appellant was soon found, wounded, in the bushes in front of a nearby building. A .30 calibre M-l rifle and a bandolier containing three clips of…