Legal Opinion

In Re Begerow

California Supreme Court

Decided July 11, 1901No. Crim. No. 781PublishedCited by 104 opinions

The facts are stated in the opinion of the court. B. A. Herrington, and George W. Waldorf, for Petitioner. Habeas corpus is the proper remedy to enforce the guaranty of the constitution for a speedy trial.

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The facts are stated in the opinion of the court. B. A. Herrington, and George W. Waldorf, for Petitioner. Habeas corpus is the proper remedy to enforce the guaranty of the constitution for a speedy trial. (State v. Kuhn, 154 Ind. 450; Ex parte Garvey, 7 Col. 502; In re McMichen, 39 Kan. 406; United States v. Fox, 3 Mont. 512; Brooks v. People, 88 Ill. 327; Glover’s Case, 109 Mass. 340; Ex parte Jefferson, 62 Miss. 223; State v. Conrow, 13 Mont. 552; McGuire v. Wallace, 109 Ind. 284; Green v. Commonwealth, 1 Rob. (Va.) 731; In re Murphy, 7 Wash. 257; Ex parte Vinton (Col., 1897), 47 Pac. Rep.…

1Opinion of the CourtTemple, J.

—This is an application for a discharge from custody, on habeas corpus, by the petitioner, who is held under two informations filed in the superior court of Santa Clara County, upon two separate charges for murder. The informations were filed August 15, 1900. Since then, defendant has been tried three times upon one charge, and once upon the other, and each trial resulted in a mistrial, because the jury failed to agree. The last jury was discharged March 6, 1901. Since that period neither case has been upon the calendar for trial. Eighty-four days had elapsed since the discharge of the last…

2Cases cited8 opinions

  1. People v. MorinoCalifornia Supreme Court · 1890
  2. In re McMicken for a Writ of Habeas CorpusSupreme Court of Kansas · 1888
  3. State v. KuhnIndiana Supreme Court · 1900
  4. Strong v. GrantCalifornia Supreme Court · 1893
  5. People v. BuckleyCalifornia Supreme Court · 1897

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3Cited by104 opinions

  1. People v. JohnsonCalifornia Supreme Court · 1980
  2. In Re ClarkCalifornia Supreme Court · 1993
  3. People v. WilsonCalifornia Supreme Court · 1963
  4. United States v. ProvooDistrict Court, D. Maryland · 1955
  5. In Re AlpineCalifornia Supreme Court · 1928

99 more not listed; retrieve them via the Exa API.

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