Legal Opinion

In Re Martin

California Court of Appeal

Decided March 9, 1921No. Crim. No. 976PublishedCited by 10 opinions

1. Right to raise plea of former jeopardy in habeas corpus proceedings, note, 15 Ann, Gas, 327. APPLICATION for a Writ of Habeas Corpus. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

This is an application in behalf of John Martin for writ of habeas corpus.

On reading the petition for the writ in the first instance the' court was of the opinion that an order for the writ should not issue, for the reason that it did not sufficiently appear from the facts stated that the petitioner was entitled to the relief sought. Permission was granted to file an amended petition, on filing and reading of which the court is of the opinion that the application should be denied.

Two points are presented for our consideration:

[1] If it be true, as alleged, that petitioner is being…

2Cases cited1 opinion

  1. People v. FaustCalifornia Supreme Court · 1896

3Cited by10 opinions

  1. In Re ChapmanCalifornia Supreme Court · 1954
  2. In Re BrumbackCalifornia Supreme Court · 1956
  3. People v. NormanCalifornia Court of Appeal · 1967
  4. People ex rel. Rothensies v. SearlesAppellate Division of the Supreme Court of the State of New York · 1930
  5. People v. VigghianyCalifornia Court of Appeal · 1960

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