In Re Newman

— This is an appeal from an order of the superior court of Yavapai county, made on July 5th, 1927, in a habeas corpus proceeding, refusing to discharge and release appellant from custody. The ground upon which the right of discharge was claimed in the petition for writ was that the appellant had been “committed on a criminal charge without reasonable or probable cause.”

The statute law and the decisions of the state confirm the right of a person so committed to be released from restraint, and for that purpose he may properly resort to the writ of habeas corpus. Subdivision 7, § 1359, Pen. Code…