Legal Opinion

Ex parte Becker

California Supreme Court

Decided November 21, 1890No. 20763PublishedCited by 16 opinions

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

1Opinion of the CourtFox, J.

— The point made in this case is, that the prisoner has been committed without reasonable or probable cause; and that question turns upon whether or not a public offense has been committed triable within this jurisdiction. I deem it improper at this time to prejudice the case of the prisoner by any analysis of the evidence which has been presented, and which may be different at his trial, and of the law applied thereto. Whether it is sufficient to convict beyond a reasonable doubt, it is the province of the jury to say, and ought not to be determined in advance on habeas corpus. It is enough…

2Cited by16 opinions

  1. State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
  2. State Ex Rel. McCaffrey v. ShanksCourt of Appeals of Wisconsin · 1985
  3. State v. BeaverstallNorth Dakota Supreme Court · 1903
  4. Winnovich v. EmeryUtah Supreme Court · 1908
  5. In Re VandiveerCalifornia Court of Appeal · 1906

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