Imperial Valley press., 1928-11-02
DISMISS
C|LLET I
CHARGES
Court Orders Records
In Sheriff's Case Sent
To Grand Jury.
DEMURRERS UPHELD
New Grand Jury May
Take Whatever Action
It Sees Fit.

Indictments aud an accusation
returned hv the 1927 Grand Jury
against Sheriff c. l.. Gilictt were
ordered dismissed by Judge y. {.
Fiunev in superior court this morn
inr. But the court in dlsmlsslng
the charges against the sheriff or
Gcred that all documents pertaining
to the investigation by the 1927
grand Jury and the subsequent court
proceedings be turned over to the
1923 grand jury with the new conn-
~ body authorized to take what
soevor action it sees fit.
Two indictments were returned
against Sheriff Gillctt. In one of
these 2l6 counts of theft are cited
and in the other four counts, each
charging presentation Of false or
Gcrs for money to county offices.
In addition the grand jury brought
IN accusation against the sheriff,
charging misconduct of his office.
Harry II. Horton, Ernest Il. ttlcy,
Edgar L. IIcrvey and NJ. ". Conkling
attorneys for the defendant enter
ed a motion asking that the indict-
mcnts be quashcd. They held that
some members Of the jury bringing
the indictments against the sheriff
were prcdjudiccd and gave various
other reasons for disqualification.
The court denied this motion.
The defense counsel, however, also
entered demurrer against the in
Gctmcnts and the accusation on the
ground that the Information was in
complete in that it failed to state
n public offcnsc.
This action was sustained by the
court upon recommendation of the
district attorney. In recommending
the sustaining Of the dcmurrcrs the
district attorney indicated that he
was of the opinion that the indict-
mrnts, although in conformity with
the letter of the law, were not
wholly valid. He asked that the de
murrrrs be sustained and that the
court refer the entire matter back
to the 1923 grand jury.
QUESTIONS LAW
In sustaining the dcmurrcrs the
Judge declared that he felt that the
state legislature in debating the
Phrasing Of indictments had gone
beyond its power and that the in
formation contained in the indict-
mcnts was lacking although the jury
had acted in good faith and in CON
formity with it's instructions in
drawing up the indictments.
He then ordered that the entire
matter hc referred to the 1923 grand
jury and ruled that bond shall be-
continued in full force until such
time as the new jury takes action in
tie matter or until il is discharged.
The sheriff is at present under
bond of $l0,000.
The demurrer was based on the
fact that the information does not
set forth direct allegation of
crime. The defense counsel held in
It's arguments that the indictments
merely charge that the sheriff has
lccn guilty of theft, certain
amount being named thereafter
along with the name of the person
or firm from whom he is alleged to
have taken rhr money.
The defense held that in order to
be complete, the indictments should
Lave specifically set forth to what
use the money alleged to have been
taken was put by the sheriff and
not merely 'to a use other than
that of his officc' as stated in
the indictments.
The 1923 Grand Jury is authori-
zcd to do as it may see fit in the
matter. It can begin an entirely new
investigation in the matter if it so
desires. whether or not new indict.
mrnts are returned against the
sheriff is entirely up to the jury. If
no indictments are returned the ease
against the sheriff will stand dis
missed.