Legal Opinion

In Re Schuber

California Court of Appeal

Decided March 15, 1945No. Crim. 1908PublishedCited by 12 opinions

1Opinion of the CourtPeek, J.

Petitioner herein charges that his confinement is illegal in that he has been held to answer the charge of violation of section 288 of the Penal Code without probable cause for the reason that no violation of said section was shown to have been committed.

Attached to his petition is a complete transcript of the proceedings before the committing magistrate. From said transcript it appears that the only evidence introduced tending to prove that a crime had been committed or to connect defendant with the crime charged, other than the extrajudicial statement of defendant which was reduced to…

2Cases cited6 opinions

  1. People v. SimonsenCalifornia Supreme Court · 1895
  2. State v. LeeMontana Supreme Court · 1905
  3. In re Kelly ex rel. OsunaNevada Supreme Court · 1905
  4. In Re MartinezCalifornia Court of Appeal · 1940
  5. In Re WilliamsCalifornia Court of Appeal · 1921

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Rogers v. Superior CourtCalifornia Supreme Court · 1955
  2. People v. WadeCalifornia Court of Appeal · 1945
  3. People v. SchuberCalifornia Court of Appeal · 1945
  4. Jones v. Superior CourtCalifornia Court of Appeal · 1979
  5. People v. OutcaultCalifornia Court of Appeal · 1949

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API