Nero

On March 4,1970, the San Diego County Grand Jury returned an indictment charging appellant Whitney Nero with murdering Hezekiah Patterson. Two days later, Nero was arraigned in the superior court. Although the transcript of the grand jury proceedings had not been prepared, he entered a plea of not guilty, reserving the right to move to quash the indictment and to make other appropriate motions at a later time.

On April 15, 1970, Nero’s attorney filed a notice of motion which was treated by all parties as a motion to quash the indictment on the ground of unconstitutional discrimination in the selection of the grand jury. The motion was heard and denied on April 29, 1970, the trial court finding “. . . no systematic exclusion occurred and no discrimination against defendant in selection of the Grand Jury.” Appellant waived a jury trial and was eventually found guilty of second degree murder by the court. He was sentenced to prison for the term prescribed by law. He appeals from the judgment of conviction.

Selection of the Grand Jury

Nero’s initial contention on appeal concerns the denial of the motion to quash the indictment. He first asserts an erroneous ruling by the…