Clifton

Petitioner Lloyd Clifton seeks a writ of mandate which would compel respondent court to dismiss an indictment charging him with criminal homicide. The principal question presented pertains to whether, when, and where petitioner should challenge respondent court’s jurisdiction upon the ground that he is constitutionally immune from criminal prosecution, under state law, for an act which he committed while engaged in the performance of his duties as an officer of the United States government.

The indictment in question was returned by the Humboldt County Grand Jury on February 5, 1973. Petitioner is charged in Count One thereof with second degree murder (Pen. Code, § 187), and in Count Two with involuntary manslaughter (id., § 192, subd. 2), in connection with his having *656 shot and killed Dirk Dickenson on April 4, 1972. 1 Petitioner made three separate motions in respondent court for its orders dismissing the indictment upon the above mentioned jurisdictional ground and others. His motions having been successively denied, he commenced the present proceeding.

Facts

The evidence presented to the grand jury supports the following recital of facts: At all pertinent…