Legal Opinion

Ex parte Dimmig

California Supreme Court

Decided November 22, 1887No. 20367PublishedCited by 30 opinions

Application for a writ of habeas corpus. On the twelfth day of November, 1887, one I. W. Lees made and filed an affidavit in the police judge’s court of the city and county of San Francisco, which, after stating the title of the court and cause, proceeded as follows:— “State of California, City and County of San Francisco.

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Application for a writ of habeas corpus. On the twelfth day of November, 1887, one I. W. Lees made and filed an affidavit in the police judge’s court of the city and county of San Francisco, which, after stating the title of the court and cause, proceeded as follows:— “State of California, City and County of San Francisco. “ Personally appears before me, this twelfth day of November, A. D. 1887, I. W. Lees, who, on oath, upon information and belief, makes complaint, and deposes and says that on the 23d of October, A. D. 1887, in the city and county of San Francisco, the crime of murder was…

1Opinion of the Court

The Court.

— Sections 811, 812, and 813 of the Penal Code are as follows: —

“ Sec. 811. When an information is laid before a magistrate of the commission of a public offense, triable within the county, he must examine on oath the informant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.
“ Sec. 812. The deposition must set forth the facts stated by the prosecutor and his witnesses tending to establish the commission of the offense and the guilt of the defendant.
“ Sec. 813. If the magistrate is…

2Cases cited6 opinions

  1. Ex Parte BurfordSupreme Court of the United States · 1806
  2. People v. HeffronMichigan Supreme Court · 1884
  3. People v. SmithCalifornia Supreme Court · 1850
  4. Loder v. PhelpsNew York Supreme Court · 1834
  5. People ex rel. Hamilton v. BarnesCalifornia Supreme Court · 1885

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

3Cited by30 opinions

  1. State v. PetersonWyoming Supreme Court · 1920
  2. Lippman v. PeopleIllinois Supreme Court · 1898
  3. Wallace v. StateIndiana Supreme Court · 1927
  4. Dupree v. StateTexas Supreme Court · 1909
  5. People v. Lee LookCalifornia Supreme Court · 1904

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

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