People v. Murphy

There are two appeals being prosecuted by the defendant in this case, both having been taken from orders made after final judgment. Although said appeals come before us on separate records, we think the questions arising. thereunder may be considered and disposed of in one opinion.

The appellant, Edmund Murphy, was convicted of the crime of rape, and upon appeal the judgment of conviction was on July 12, 1921, affirmed. (People v. Murphy, 53 Cal. App. 474 [ 200 Pac. 484 ].) On August 9,-1924, a motion was presented to the trial court, on behalf of appellant, to annul said judgment upon the ground that part of the trial took place after the hour of 12 o’clock, noon, on Saturday, December 18, 1920. Upon hearing the evidence submitted by the respective parties, said motion was, by the trial court, denied. The defendant appealed. On October 6, 1924, a second motion was made for the annulment of said judgment upon the grounds that the grand jury which found and presented the indictment upon which appellant was subsequently tried and convicted, had been illegally selected, drawn, and impaneled, and that said indictment had been indorsed “a true bill” and signed by a person other than…