California, United States of America
The following excerpt is from People v. Andrews, 165 Cal.App.2d 626, 332 P.2d 408 (Cal. App. 1958):
Although respondent has correctly asserted that any deficiencies in the indictment were waived by failure to demur (People v. Brac, 73 Cal.App.2d 629, 635, 167 P.2d 535) appellants state that they do not complain of improper joinder or of any uncertainty in the pleading; the basis of their complaint, they say, is that all the appellants were prejudiced by their erroneous inclusion in the same indictment, the first count of which improperly charged a general conspiracy amoung 72 persons and the second count charging the same 72 persons with grand theft--as a result, they conclude, [165 Cal.App.2d 637] 'each was forced to suffer a 'mass trial' which is not sanctioned by any law in this state.' We have heretofore concluded that there was sufficient evidence to support the charge of conspiracy in the indictment, and the mere subsequent finding of innocence with respect thereto does not, as appellants assert, completely invalidate that count. Contrary to appellants' suggestion that the acquittal of conspiracy brings the case within the case of Greenberg v. Superior Court, 19 Cal.2d 319, 121 P.2d 713, we find that decision simply holds that an indictment is void and confers no jurisdiction upon the trial court 'if it is unsupported by any evidence before the grand jury.' 19 Cal.2d at page 322, 121 P.2d at page 715.
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