Ex Parte Thistleton
California Supreme Court
George Thistleton was convicted of a misdemeanor, viz., a libel, in the City Criminal Court of the City and County of San Francisco, and was, on the 27th of January, 1877, sentenced to one year’s imprisonment. On the 8th day of May, 1877, he petitioned the Supreme Court to be discharged on habeas corpus.
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George Thistleton was convicted of a misdemeanor, viz., a libel, in the City Criminal Court of the City and County of San Francisco, and was, on the 27th of January, 1877, sentenced to one year’s imprisonment. On the 8th day of May, 1877, he petitioned the Supreme Court to be discharged on habeas corpus. The act to create the City Criminal Court of San Francisco (Stats. 1875-6, p. 829) provides that when any person who is charged with a misdemeanor in the Police Judge’s Court shall demand a jury trial, that the case shall be transferred to the City Criminal Court for trial, and that all…
1Opinion of the Court
The omission of the Legislature to provide the machinery for taking appeals in these cases from the City Criminal Court to the County Court is fatal to so much of the act creating the City Criminal Court as attempts to confer jurisdiction to try *221them. The act pro tanto is unconstitutional and void. “ No person shall be deprived of liberty without due process of law.” This expression of the organic law, as applied to criminal cases, means that no less than all the forms and means and solemnities for ascertaining his guilt shall be used and applied before the party accused can be condemned.…
2Cases cited2 opinions
- Ex parte HogeCalifornia Supreme Court · 1874
- Middleton v. GouldCalifornia Supreme Court · 1855
3Cited by8 opinions
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- State v. ReedIdaho Supreme Court · 1893
- Ex parte FranceIndiana Supreme Court · 1911
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