Kitts

The grand jury of Nevada county, on the twenty-fourth day of November, 1906, returned and caused to be filed in the superior court of that county an indictment against the petitioner for the crime of assault by means and force likely to produce great bodily injury upon the person of one Martin Shoebridge. Thereafter petitioner moved the respondents to set aside said indictment upon the grounds that certain members of said grand jury were disqualified under the law from acting as such .and at the time of the presentation of said motion evidence was offered which it is claimed supported the charge of the disqualification of such jurors. The motion was denied by respondents, and thereupon the petitioner was required to answer the indictment.

It is claimed that by reason of the alleged disqualification of said jurors the indictment was not found, presented and filed according to the requirements of law, and that the same does not therefore confer upon respondents jurisdiction to try petitioner for the offense charged against him in said alleged indictment.

The petitioner asks that respondent be prohibited from trying him upon said alleged indictment, and commanded to desist and…