Legal Opinion

Ex parte Branigan

California Supreme Court

Decided July 1, 1861PublishedCited by 13 opinions

Application to Field, C. J. for a writ of habeas corpus. The facts appear in the opinion.

1Opinion of the CourtField, C. J.

delivered the following opinion:

The prisoner is held in custody by the Warden of the prison of the city and county of Sacramento, under four commitments issued by L. H. Foote, a Justice of the Peace, upon criminal charges of rape and grand larceny. The commitments all bear date on the second of July, 1861, but two of them were not in fact issued by the Justice until the twenty-eighth of August following. The prisoner moves for his discharge from imprisonment upon various grounds, and among others upon the following substantially: 1st, that the Justice who issued the commitments never acquired…

2Cited by13 opinions

  1. State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
  2. People v. SiemsenCalifornia Supreme Court · 1908
  3. People v. WallaceCalifornia Supreme Court · 1892
  4. Ex parte KeilCalifornia Supreme Court · 1890
  5. People v. WilsonCalifornia Supreme Court · 1892

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