People v. Ah Chung

The defendant and appellant was tried and convicted of the crime of murder in the first degree, the jury fixing the pun *399 ishment at imprisonment in the State Prison for life. On this appeal several grounds of error are assigned, upon which we are asked to reverse the judgment of the Court below.

The first error assigned is the refusal of the Court to - set aside the indictment. The defendant being brought up for arraignment, moved the Court to set aside the indictment for the following reasons:

Section 995 of the Penal Code provides that an indictment must be set aside by the Court in which the defendant is arraigned in the cases above specified; and the only inquiry, therefore, is, Were the grounds or specifications, or either of them, sustained by the evidence? The matter involved in the foregoing objections was fully examined by the District Court; and, after hearing the evidence of the District Attorney and fourteen of the grand jurors, defendant’s motion to set aside the indictment was denied : the order denying said motion reciting that “ the Court, being fully advised in the premises, .finds that said indictment was found, indorsed, and presented *400 as prescribed by…