Legal Opinion

Ex parte Keil

California Supreme Court

Decided August 4, 1890No. 20684PublishedCited by 21 opinions

Application to the Supreme Court for the discharge of petitioner upon a writ of habeas corpus. The facts are stated in the opinion of the court.

1Opinion of the CourtBeatty, C. J.

The petitioner in the above-entitled case has been committed on charges of kidnaping and assault with a deadly weapon. He seeks to be discharged on habeas corpus, upon the grounds that the warrant of commitment is defective in substance, and that the evidence contained in the depositions shows that he was not guilty of the offense of kidnaping, but, at most, of a false imprisonment.

1. The commitments are defective in form in failing to show the name of the party assaulted and imprisoned; but this defect does not entitle the prisoner to be discharged. (Pen. Code, sec. 1488; Ex parte Bull, 42…

2Cases cited3 opinions

  1. Ex parte BraniganCalifornia Supreme Court · 1861
  2. People v. VierraCalifornia Supreme Court · 1885
  3. Ex parte BullCalifornia Supreme Court · 1871

3Cited by21 opinions

  1. People v. MartinezCalifornia Supreme Court · 1999
  2. People v. StanworthCalifornia Supreme Court · 1974
  3. People v. RayfordCalifornia Supreme Court · 1994
  4. People v. MorganCalifornia Supreme Court · 2007
  5. Cotton v. Superior CourtCalifornia Supreme Court · 1961

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