Kegley

This is an appeal by plaintiff from an order granting a motion to set aside a grand jury indictment against defendant.

Facts

The facts appearing in the record before us are in essence as follows: During a grand jury investigation of the governmental affairs of the City of Elsinore, testimony was given to the grand jury that defendant, who was city attorney of said city, presented to the city council and city clerk of said city, certain claims by which he sought payment to himself of certain amounts. Among the items for which he thus *502 claimed reimbursement were a large number of long distance telephone call charges which he claimed to have incurred on business conducted on behalf of said city. He appeared and testified before the grand jury. Many of the telephone calls, upon checking, appeared to have been on his personal private matters and not on city business. Questioned on telephone charges appearing in claims presented by defendant during the first half of the year 1960, he admitted that many of them were, in fact, private calls and should not have been claimed from the city. An examination of the record discloses more than 50 such calls. In addition the record discloses…