In Re Lockett
California Supreme Court
APPLICATIONS for Writs of Habeas Corpus originally made to the Supreme Court, directed against the Sheriff of the City and County of San Francisco. Petitioners discharged. The facts are stated in the opinion of the court. Edwin V. McKenzie, Harry A. McKenzie, A. S. Newburgh, and Oscar Hudson, for Petitioners.
1Opinion of the CourtElvin, J.
Both petitioners are held, one under commitment after preliminary examination, and the other after such commitment and the filing of an information. Each is charged with an offense sought to be defined by section 288'a of the Penal Code by the use of the word “fellatio.” The sole question involved in each petition is whether or not the section is constitutional; therefore, we shall examine and consider both petitions together.
It is contended on behalf of both petitioners that the statute is unconstitutional because it is not in the English language, and because it is so indefinite and…
2Cases cited3 opinions
- People v. Ah SumCalifornia Supreme Court · 1892
- People v. CarrellCalifornia Court of Appeal · 1916
- State v. Town of JerichoSupreme Court of Vermont · 1868
3Cited by16 opinions
- People v. PaceCalifornia Court of Appeal · 1925
- State v. AnthonyOregon Supreme Court · 1946
- In Re LeachCalifornia Supreme Court · 1932
- State v. CoppesSupreme Court of Iowa · 1956
- State v. A. H. Read Co.Wyoming Supreme Court · 1925
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