Legal Opinion

In Re Kennedy

California Supreme Court

Decided September 10, 1904No. Crim. No. 1176PublishedCited by 34 opinions

PETITION for discharge under Habeas Corpus by a defendant held by the sheriff under an indictment by the grand jury filed in the Superior Court of the City and County of San Francisco. William P. Lawlor, Judge. The facts are stated in the opinion of the court.' A. S. Newburgh, and William H. Schooler, for Petitioner.

1Opinion of the CourtMcFARLAND, J.

This is a petition to this court in behalf of William B. Kennedy for'his discharge on habeas corpus. The writ issued, and upon the return of the sheriff, who holds Kennedy, the matter was heard and submitted.

The petition sets forth a large number of arrests of Kennedy on various charges, and subsequent discharges from such arrests by superior court judges on habeas corpus; but while these various proceedings may tend to support the contention that these prosecutions were somewhat in the nature of persecutions, they are irrelevant to this present case. Kennedy is now held under a warrant of…

2Cases cited5 opinions

  1. People v. Tinder & SmithCalifornia Supreme Court · 1862
  2. Ex parte SternesCalifornia Supreme Court · 1889
  3. Ex parte JenkinsU.S. Circuit Court for the District of Eastern Pennsylvania · 1853
  4. Hammond v. StateMississippi Supreme Court · 1896
  5. Hight v. United StatesSupreme Court of Iowa · 1845

3Cited by34 opinions

  1. Lorenson v. Superior CourtCalifornia Supreme Court · 1950
  2. Greenberg v. Superior CourtCalifornia Supreme Court · 1942
  3. Bernard v. Warden of Maryland House of CorrectionCourt of Appeals of Maryland · 1946
  4. People v. HatchCalifornia Court of Appeal · 1910
  5. People v. SchmidtCalifornia Court of Appeal · 1917

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