Legal Opinion

In Re Clark

California Court of Appeal

Decided August 20, 1917No. Crim. No. 414PublishedCited by 11 opinions

APPLICATION for a Writ of Habeas; Corpus originally made to the District Court of Appeal for the Third Appellate District. The facts are stated in the opinion of the court.

1Opinion of the CourtHart, J.

The petitioners were charged with, preliminarily examined before and committed for trial in the superior court by the police judge of the city of Sacramento, sitting as a committing magistrate, for the crime of grand larceny.

It is claimed by the petitioners that the magistrate was without legal authority or jurisdiction to order them committed for the crime of grand larceny, inasmuch as the evidence taken in support of the charge is wholly insufficient to establish reasonable or probable cause that said or any crime had been committed by them.

It is unnecessary to recite the facts of the…

2Cases cited5 opinions

  1. People v. DelbosCalifornia Supreme Court · 1905
  2. People v. RaeCalifornia Supreme Court · 1885
  3. People v. ArnoldCalifornia Court of Appeal · 1911
  4. People v. SchenoneCalifornia Court of Appeal · 1912
  5. People v. BalloCalifornia Court of Appeal · 1912

3Cited by11 opinions

  1. People v. WhiteCalifornia Court of Appeal · 1932
  2. People v. Von BadenthalCalifornia Court of Appeal · 1935
  3. People v. AmesCalifornia Court of Appeal · 1943
  4. People v. WeibertCalifornia Court of Appeal · 1937
  5. People v. AlbaCalifornia Court of Appeal · 1941

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