In Re Schwitalla
California Court of Appeal
APPLICATION for a Writ of Habeas Corpus originally made to the District Court of Appeal for the Second Appellate District to secure discharge from custody under a commitment upon alleged insufficient evidence. The facts are stated in the opinion of the court.
1Opinion of the CourtJames, J.
Habeas corpus. Petitioner asks to be discharged from the custody of the sheriff of Los Angeles County, to which he was heretofore committed by a magistrate. A complaint in sufficient form, charging defendant with the crime of arson, was filed before the magistrate and after examination had, at which testimony was taken, the order holding defendant to answer for trial to the superior court was made and commitment issued. One contention urged is that the evidence was insufficient to establish probable cause for the holding of the defendant. The principal evidence against the defendant was…
2Cases cited3 opinions
- Ex Parte HeacockCalifornia Court of Appeal · 1908
- In re OxleyNevada Supreme Court · 1915
- People v. CokahnourCalifornia Supreme Court · 1898
3Cited by17 opinions
- People v. McRaeCalifornia Supreme Court · 1947
- People v. WadeCalifornia Court of Appeal · 1945
- Stern v. Superior CourtCalifornia Court of Appeal · 1947
- Curreri v. ViceCourt of Appeals for the Ninth Circuit · 1935
- State Ex Rel. Jeffrey v. TessmerSupreme Court of Minnesota · 1941
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