Britton

Appellant was convicted upon three counts of an indictment charging kidnaping for the purpose of robbery and upon two counts charging robbery. In accordance with the verdicts of the jury returned on the kidnaping charges he was sentenced to life imprisonment “with possibility of parole.” This cause does not, therefore, present the issue involved in the companion eases (Crim. Nos. 3932, 3933, 3934) (ante, pp. 1, 7, 8 [ 56 Pac. (2d) 493 , 494, 497]), this day decided. Upon his appeal to the District Court of Appeal of the Second Appellate District, Division One, he urged, among other things, that the trial court was without jurisdiction to try hiip because the grand jury which returned the indictment against him “was drawn and empaneled contrary to law.” Following an affirmance by the District Court of Appeal of the several judgments, appellant petitioned this court for a hearing which we granted because at the time there was pending before us the case of Fitts v. Superior Court, S. F. 15377, wherein substantially the same assaults as are here urged were directed against the same grand jury. We have since handed down our decision in the Fitts case, supra (4 Cal. (2d) 514 [ 51 Pac.…