Ex Parte McCarthy
California Supreme Court
The case was argued before Mr. Chief Justice Currey, Mr. Justice Sawyer, and Mr. Justice Sanderson. The facts are stated in the opinion.
1Opinion of the CourtOpinion by Sanderson, J.
In his petition for a writ of habeas corpus the petitioner, D. O. McCarthy, substantially states that he is illegally imprisoned and restrained of his liberty by confinement in the County Jail of Sacramento County, under the control of one-*397James McClatchy, Sheriff of said county; that he is not so imprisoned by virtue of the final judgment or decree of any Court or Judge of the United States or of this State; that he is so confined by virtue of an illegal order or warrant issued by the Senate of the State of California, in a case in which said Senate had no jurisdiction under the…
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