Ross v. Aguirre

Appeal from an order denying a writ of habeas corpus. The respondent is the warden of the state prison of the state of California, at San Quentin, and holds the petitioner in custody under a judgment of the superior court of San Luis Obispo county, state of California, in which court he had been indicted, tried, and found guilty of the crime of murder, and sentenced to be hanged.

The petition under review is the second presented to the circuit court. The first was denied on the ground 'that application for relief on behalf of said Burt Ross should first be made to the courts of the state.' Thereupon a petition was presented to the supreme court of the state of California, and denied. A writ of error to this court was also denied. The ground of the petition is that the grand jury by which the indictment was found was not selected in accordance with law, and that, therefore, his conviction, sentence, and commitment do not constitute due process of law, and that he is deprived of his liberty in violation of the 14th Amendment of the Constitution of the United States.

Messrs. W. C. Van Fleet and W. B. Treadwell for appellant.

Messrs. U.S. Webb, E. B. Power, and C. N. Post for appellee.

Mr. Justice McKenna delivered the opinion of the court: