Matter of Ruef

A petition for a writ of habeas corpus is presented by A. Ruef, who alleges that he is restrained of ■his liberty and held in custody under bench warrants issued by the superior court upon five indictments purporting to charge him with the crime of extortion.

Three grounds for the issuance of the writ are urged.

1. It is alleged that one of the members of the grand jury which found and returned the indictments was not competent, by reason of the fact that he had served and been discharged as a juror by a court of record of this state within a year of the time that he was summoned and impaneled to act as such grand juror. (Code Civ. Proe., sec. 199.) We are of opinion that this does not affect the validity of an indictment found by the grand jury. The Penal Code enumerates the grounds upon which an indictment may be set aside. (Pen. Code, sec. 995.) One of these grounds is “any ground which would have been good ground for challenge—to any individual grand juror.” The Penal Code (sec. 896) provides for a challenge to an individual grand juror for six specified grounds only. The particular incompetency here relied on is not included. We think that the legislature, in declaring that…