People v. Superior Court

This is an application for a writ of mandate. The application arises by reason of certain proceedings had in the superior court of the state of California in and for the county of Fresno during the trial of a criminal case, entitled “The People of the State of California versus Julian Depavo.” During the trial of the case the jury was duly impaneled, and the prosecuting witness was called to the stand by the prosecution, and was by the prosecution examined, and was by the defendant cross-examined, and later another witness was called to the stand, and thereupon counsel for the defendant Depavo objected to the introduction of any testimony relating to the admissions of said defendant on the ground that said information did not state a public offense, and on the further ground that the corpus delicti had not been proven. Said objection was argued by respective counsel, whereupon, at the conclusion of said argument, respondent George E. Church, judge of the superior court, Fresno County, made an order that said objection be sustained and the jury be discharged from further consideration of said cause. Later the jury was so discharged and the people of the state of California, by U.…