Legal Opinion

Farraher v. Superior Court

California Court of Appeal

Decided December 13, 1919No. Civ. No. 3140PublishedCited by 9 opinions

APPLICATION for a Writ of Prohibition to restrain the Superior Court of Kern County, and George H. Cabaniss, Judge Presiding, from proceeding to trial on an insufficient complaint, on an appeal from a judgment of conviction by a Justice’s Court. Writ granted. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

Prohibition to restrain respondent, after a ruling denying petitioner’s motion to dismiss the case, from proceeding with the threatened trial of petitioner on an appeal by him to the superior court from a judgment of conviction by the justice’s' court based upon a complaint which purported to charge him with the violation of section 403 of the Penal Code. The contention of petitioner is that the complaint fails to charge him with the commission of any acts constituting a criminal offense under said section, or under any other provision of the law.

[1] The section in question was originally…

2Cases cited7 opinions

  1. Sharon v. SharonCalifornia Supreme Court · 1888
  2. Lindley v. Superior CourtCalifornia Supreme Court · 1903
  3. Bettencourt v. SheehyCalifornia Supreme Court · 1910
  4. Alden v. MayfieldCalifornia Court of Appeal · 1917
  5. Hogan v. Superior CourtCalifornia Court of Appeal · 1911

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

3Cited by9 opinions

  1. In re KayCalifornia Supreme Court · 1970
  2. Greenberg v. Superior CourtCalifornia Supreme Court · 1942
  3. Dong Haw v. Superior CourtCalifornia Court of Appeal · 1947
  4. Forthmann v. MyerCalifornia Court of Appeal · 1931
  5. Sardis v. Second Judicial District CourtNevada Supreme Court · 1969

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