883. When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the clerk of the court at which the defendant is required to appear, the warrant, if any, the depositions, and all undertakings of bail, or for the appearance of witnesses, taken by him. TITLE IV. Of Proceedings after Commitment and before Indictment. CHAP. I. PRELIMINARY PROVISIONS, §§ 888-90. II. FORMATION OF THE GRAND JURY, §§ 894-910. III. POWERS AND DUTIES OF A GRAND JURY, §§ 915-28. IV. PRESENTMENT AND PROCEEDINGS THEREON, §§ 931-7. PEN. CODE.-29. CHAPTER I. PRELIMINARY PROVISIONS. $ 888. Offenses, how prosecuted. § 889. What by accusation or information. 5 890. Indictments and accusations, in what court found. 888. All public offenses triable in the Superior Courts must be prosecuted by indictment or information, except as provided in the next section. [In effect April 9th, 1880.] Indictment.-Neither the Constitution nor the Penal Code prohibits prosecution, by indictment, of any criminal offense, including a mis demeanor-53 Cal. 412. Where a statute creating a felony was repealed, a felony, committed before the repeal, could, nevertheless, be prosecuted by indictment-6 Pac. C. L. J. 727. 889. When the proceedings are had for the removal of district, county, municipal, or township officers, they may be commenced by an accusation or information, in writing, as provided in sections seven hundred and fiftyeight and seven hundred and seventy-two. Information.-The Code authorizes a proceeding by information, only when a defendant has been examined and committed-6 Pac. C. L. J. 526. 890. All accusations, informations, or indictments against district, county, municipal, and township officers, must be found or filed in the Superior Court. [In effect April 12th, 1880.] CHAPTER II. FORMATION OF THE GRAND JURY. 894. Who may challenge the panel or an individual juror. $895. Cause of challenge to a panel. $ 896. Cause of challenge to an individual grand juror. $899. Effect of allowing a challenge to a panel. § 900. Effect of allowing challenge to an individual juror. § 901. Objections can only be taken by challenge. § 902. Appointment of a foreman. § 910. Special grand jury, how formed. 894. The people, or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual juror. Right of challenge.-If the right to challenge the panel of the grand jury be denied, the indictment is void; but it must be claimed at the time-18 Cal. 93; 15 id. 331; 14 id. 566. See as to formation of grand jury-Code of Civ. Proc. 895. A challenge to the panel may be interposed for one or more of the following causes only: 1. That the requisite number of ballots was not drawn from the jury-box of the county. 2. That notice of the drawing of the grand jury was not given. 3. That the drawing was not had in the presence of the officers designated by law. Challenge to panel.-Irregularity in selecting and impanneling must be objected to by a challenge to the array-45 Cal. 29; 10 Blatchf. 21; 3 Wend.314; 35 Ga. 336; 45 Miss. 683; 24 id. 445; 50 id. 269; 12 Smedes & M. 68; 7 Yerg. 271; 12 Tex. 252; 1 Tex. Ct. App. 1; 6 Tex. 99. A challenge to the array must be taken before the general issue-46 Cal. 141; 73 Pa. St. 34; 30 Ŏhio St. 542; 73 Ill. 256; 25 Miss. 203; 45 id. 572; 60 Mo. 91; 23 Minn. 104; 29 Ark. 165. As to practice in North Carolina-73 N. C. 437; in New York-64 N. Y. 485; 50 How. Pr. 280; in the latter State, challenge to the array is not permitted-64 N. Y. 483. This section was intended to restrict the right of challenge to the three grounds enumerated-46 Cal. 148; 32 id. 68; and to so restrict the right is within the power of the Legislature-46 id. 146. An objection to the formation of the grand jury cannot be presented in the court below on motion to set aside the indictment-54 Cal. 65; id. 37; 46 id. 141. So, if the court improperly directs the coroner to serve a special venire, the defendant cannot challenge the panel on the ground that he is not qualified to serve it-49 Cal. 178; 46 id. 154. That the officers, whose duty it was to select the jurors, were two or three weeks at it, or that one was temporarily absent, is no ground of challenge-6 Serg. & R. 395; but strong bias on the part of persons employed to draw may be a cause 5 S. C. 429. Challenge, when taken.-Challenges to the panel, if defendant has been held to answer before that time, must be taken before the grand jury is made up and sworn-14 Cal. 569; 15 id. 331; id. 479; 28 id. 469; 18 id. 93. See 23 Ĉal. 632. But if he has already been held to answer by the grand jury, he may challenge the panel on his arraignment-14 Cal. 569. It must be taken before the general issue-46 Cal. 141; 29 Ark. 165; 23 Minn. 104; 45 Miss. 572; 68 Mo. 91; 73 Ill. 256; 30 Ohio St. 542; 73 Pa. St. 34. 896. A challenge to an individual grand juror may be interposed for one or more of the following causes only: 1. That he is a minor. 2. That he is an alien. 3. That he is insane. 4. That he is a prosecutor upon a charge against the defendant. 5. That he is a witness on the part of the prosecution, and has been served with process or bound by an undertaking as such. 6. That a state of mind exists on his part in reference to the case, or to either party, which will prevent him from acting impartially and without prejudice to the substantial rights of the party challenging; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety, provided it satisfactorily appear to the court, upon his declaration, under oath or otherwise, that he can and will, notwithstanding such opinion, act impartially and |