In re Kowalsky
California Supreme Court
Application for a writ of habeas corpus. The facts are stated in the opinion of the court.
1Opinion of the CourtSeaels, C. J.
— The petitioner was indicted by the grand jury of the county of San Joaquin for an alleged libel of David S. Terry, a resident of said county.
A warrant of arrest was issued under said indictment, by virtue of which petitioner was taken into custody by the sheriff, and he now sues out a writ of habeas corpus.
The petitioner claims that he is entitled to his discharge upon the ground that the indictment does not state facts constituting a crime, or showing the Superior Court of San Joaquin County to have jurisdiction of the alleged offense.
The gravamen of the charge, as contained in the…
2Cases cited4 opinions
- Ex parte KearnyCalifornia Supreme Court · 1880
- In re PrimeNew York Supreme Court · 1847
- In re CorryellCalifornia Supreme Court · 1863
- Ex parte WhitakerSupreme Court of Alabama · 1869
3Cited by20 opinions
- Doe v. Waterloo Min. Co.Court of Appeals for the Ninth Circuit · 1895
- Smith v. AbramNew Mexico Supreme Court · 1954
- People v. MillerCalifornia Supreme Court · 1898
- Eberhardt v. BarkerSupreme Court of Florida · 1932
- Dorris v. McKamyCalifornia Court of Appeal · 1919
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