Ex parte Becknell

By section 13 of the act of March 23, 1893, relating to the Whittier State School (Stats. 1893, p. 332), section 17 of the original act was amended so as to read as follows: “If any accusation of the commission of any crime shall be made against any minor, under the age of eighteen years, before any grand jury, and the charge appears to be supported by evidence sufficient to put the accused upon trial, the grand jury may, in their discretion, instead of finding an indictment against the accused, return to the superior court that it appears to them that the accused is a suitable person to be committed to the care and *497 guardianship of said institution. The court may thereupon order such commitment, if satisfied from the evidence that such commitment ought to be made, which examination may be waived by the parent or guardian of such minor.”

Acting under this provision of the statute the grand jury of Merced county made a presentment to the superior court as follows:

Thereupon the court directed the said Jonie Becknell to be brought into court, and, against his special protest and objection, on the ground that the court had no jurisdiction to act in the matter, proceeded to take…