Borello v. Superior Court
California Court of Appeal
PETITION for writ of prohibition to the Superior Court of Amador County. E. C. Rust, Judge. The facts are stated in the opinion of the court. Alfred H. Cohen, Jas. H. Creely, and D. B. Spaganati, for Petitioner.
1Opinion of the CourtHart, J.
The petitioner and three other persons were indicted by the grand jury of Amador county for the crime of arson. A separate indictment was found against each of the parties.
The object of the present proceeding is to secure a writ of prohibition from this court to restrain the court below and the judge thereof from putting the petitioner upon his trial upon the charge for which he was indicted, upon the ground, for certain alleged reasons, that respondents are without jurisdiction to try said petitioner.
A petition for a like remedy has also been filed in behalf of each of the other defendants;…
2Cases cited5 opinions
- Ex Parte FowlerCalifornia Court of Appeal · 1907
- Ex parte NicholasCalifornia Supreme Court · 1891
- Kitts v. Superior CourtCalifornia Court of Appeal · 1907
- Ex parte WalpoleCalifornia Supreme Court · 1890
- Brobeck v. Superior Court of Cal., in & for S.F.California Supreme Court · 1907
3Cited by5 opinions
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- State v. ChanceNew Mexico Supreme Court · 1923
- Fitts v. Superior CourtCalifornia Supreme Court · 1935
- State v. FoxSupreme Court of Arkansas · 1916
- Fitts v. Superior CourtCalifornia Supreme Court · 1935