Ex parte Clarke

At- the conclusion of term of the County Court, at which a charge of murder against the petitioner had been resubmitted to the grand jury, under § 941 of the Penal Code, (the grand jury having dismissed the charge) the Court made an' order discharging the petitioner, and releasing the’ sureties upon his bail bond.

Petitioner was afterward arrested under a warrant issued on a complaint filed with a Justice of the Peace, charging him with the crime of murder, and is now in custody, pending his examination before such Justice as a committing magistrate.

Sections 941 and 942 of the Penal Code are as follows :

These sections are to' be considered in connection with the following:

It will be observed—reference being had to § 942 alone—that when a charge has been dismissed by a grand jury, it is entirely within the discretion of the Court to resubmit it to the same or another grand jury, as often as the Court may direct. No showing is made a prerequisite to the resubmission; but, unless restrained by some other provisions of the Code, the power may be employed at the discretion of the Court. Section 1,382, however, makes it the duty of the Court, at the end of the term at which a…