Ex parte Granice
California Supreme Court
Application to the Supreme Court for the discharge of H. H. Granice from imprisonment, on a writ of habeas corpus. Granice ivas-indicted by the grand jury of Fresno County for killing one Madden. On his trial in the District Court he offered to prove that interpolations had been made in the indictment, and moved to strike out the portions interpolated. The court denied the motion, and he was convicted, and appealed. The Supreme Court granted a new trial for this error.
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Application to the Supreme Court for the discharge of H. H. Granice from imprisonment, on a writ of habeas corpus. Granice ivas-indicted by the grand jury of Fresno County for killing one Madden. On his trial in the District Court he offered to prove that interpolations had been made in the indictment, and moved to strike out the portions interpolated. The court denied the motion, and he was convicted, and appealed. The Supreme Court granted a new trial for this error. The case is reported in 50 Cal. 447. On the second trial, the court, on motion of the prosecution, struck out the parts of…
1Opinion of the Court
By the Court, Wallace, C. J.:
The order under which the prisoner is detained in custody directs that he be held to answer to any indictment found against him for the murder of Edward Madden; the order *376was made by the District Court, the judge of which court is a magistrate vested with authority to hold accused persons to answer (Penal Code, Secs. 808-874), and was entered after hearing the evidence touching the alleged killing of Madden by the prisoner. Whether the order was irregularly entered, was erroneous, or what defense or advantage it may possibly afford the prisoner, should he be again…
2Cases cited1 opinion
- Ex parte McCulloughCalifornia Supreme Court · 1868
3Cited by6 opinions
- Ex parte PrinceSupreme Court of Florida · 1891
- Ex parte TiceOregon Supreme Court · 1897
- In re ThompsonMontana Supreme Court · 1890
- Young v. FainSupreme Court of Georgia · 1905
- In re Mahany for Writ of Habeas CorpusSupreme Court of Colorado · 1902
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