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Russell v. Superior Court

Supreme Court of California
May 18, 1923
191 Cal. 194 (Cal. 1923)

Opinion

S. F. No. 10677.

May 18, 1923.

WRIT of prohibition to prevent trial of petitioner on a charge of threatening a grand juror. Writ granted.

The facts are stated in the opinion of the court.

J.R. Hughes, Markham Johnson and O.F. Meldon for Petitioner.

Ben P. Tabor for Respondents.


The writ of prohibition was ordered issued from the bench for the reason that the complaint charging the petitioner with contempt failed to state an offense.

The petitioner was charged with threatening a grand juror with a prosecution for perjury in swearing out a search-warrant for intoxicating liquor. It is conceded that the proceeding for a search-warrant was instituted by the grand juror as a citizen, and not by virtue of his powers and duties as a grand juror, and for this reason petitioner's threat was not an interference with a grand juror, as such.

Writ of prohibition ordered issued.

All the Justices concurred.


Summaries of

Russell v. Superior Court

Supreme Court of California
May 18, 1923
191 Cal. 194 (Cal. 1923)
Case details for

Russell v. Superior Court

Case Details

Full title:CLIFFORD A. RUSSELL, Petitioner, v. THE SUPERIOR COURT et al., Respondents

Court:Supreme Court of California

Date published: May 18, 1923

Citations

191 Cal. 194 (Cal. 1923)
215 P. 544