Ex parte Wallingford
California Supreme Court
Application for discharge upon writ of habeas corpus. The petitioner was held under a bench warrant, issued upon an indictment for petit larceny, in the Superior Court of the County of Napa.
1Opinion of the Court
Ross, J.;
The provisions of law, constitutional as well as statutory, to be considered in this case are very different from those considered in Ex parte McCarthy, 53 Cal. 412, which case arose prior to the adoption of the Constitution of 1879.
The question is, has the Superior Court jurisdiction of the crime of petit larceny? The jurisdiction of that Court is fixed by the Constitution itself.- (§ 5, Art. vi.) With respect to criminal matters, it is given jurisdiction of “ all criminal cases amounting to felony, and cases of misdemeanor, not otherwise provided for.”
Of course the Legislature can…
2Cases cited1 opinion
- Ex parte McCarthyCalifornia Supreme Court · 1879
3Cited by9 opinions
- Green v. Superior CourtCalifornia Supreme Court · 1889
- People v. Palermo Land and Water Co.California Court of Appeal · 1907
- Moore v. OrrNevada Supreme Court · 1908
- People v. Y. WongCalifornia Court of Appeal · 1923
- In Re GamoCalifornia Court of Appeal · 1932
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