Ex parte Williams
California Supreme Court
Application 'to the Supreme Court for a discharge from imprisonment upon a writ of habeas corpus to the sheriff of the County of Orange. The order under which the prisoner was held was made by the Superior Court of the County of Orange. J. M. Ballard, Judge. Further facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
The petitioner seeks his discharge upon habeas corpus, and shows the following facts: To the indictment charging him with forgery he interposed a demurrer, which demurrer was by the court sustained, “ with leave to the district attorney to file a new information.”
Section 1008 of the Penal Code provides that the allowance of a demurrer to an information or indictment is a bar to another prosecution for the same offense, unless the court, being of opinion that the objection on which the demurrer is allowed may be avoided by a new indictment or information, directs the case to be submitted to…
2Cited by29 opinions
- Slay v. Burnett TrustTexas Supreme Court · 1945
- People v. FolletteCalifornia Court of Appeal · 1925
- People v. DisperatiCalifornia Court of Appeal · 1909
- In Re Application of HarronCalifornia Supreme Court · 1923
- State v. CrookUtah Supreme Court · 1898
24 more not listed; retrieve them via the Exa API.