Legal Opinion
Wilborn v. Superior Court
California Supreme Court
Decided April 3, 1959No. Sac. 7033PublishedCited by 17 opinions
1Opinion of the CourtSpence, J.
Petitioner was charged with child-stealing (Pen. Code, § 278), an offense somewhat similar to the crime of kidnaping. (Pen. Code, §207.) She moved to set aside the information on the ground that she had been committed without reasonable or probable cause. (Pen. Code, § 995.) Her motion was denied, and she now seeks a writ of prohibition to prevent further proceedings against her. (Pen. Code, § 999a.)
At the preliminary examination the evidence showed that the parents of the child, Mr. and Mrs. James, had separated. Mrs. James had moved into her father’s home with the child, a 4-month-old baby…
2Cases cited7 opinions
- People v. SimmonsCalifornia Court of Appeal · 1936
- State v. ElliottSupreme Court of Louisiana · 1930
- State v. BrandenburgSupreme Court of Missouri · 1911
- State v. DeweySupreme Court of Iowa · 1912
- State v. TillotsonSupreme Court of Kansas · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rosefield v. RosefieldCalifornia Court of Appeal · 1963
- United States v. James LonczakCourt of Appeals for the Ninth Circuit · 1993
- Surina v. LuceyCalifornia Court of Appeal · 1985
- People v. HyattCalifornia Court of Appeal · 1971
- Cline v. Superior CourtCalifornia Court of Appeal · 1982
12 more not listed; retrieve them via the Exa API.