Legal Opinion

Rebstock v. Superior Court

California Supreme Court

Decided February 20, 1905No. S.F. No. 4144PublishedCited by 31 opinions

PETITION for Writ of Prohibition against the Superior Court of the City and County of San Francisco. W. P. Lawlor, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtAngellotti, J.

On October 13, 1904, an indictment was presented by the grand jury of the city and county of San Francisco to the superior court thereof against petitioner, charging him with a violation of the provisions of section 41 of the Penal Code, in that he, being an election officer in primary election precinct 80 of said city and county at a primary election held therein on August 9, 1904, had willfully and knowingly neglected and refused to perform a duty incumbent on him as such officer, it being alleged that he had willfully and knowingly refused to administer an oath or affirmation to a…

2Cases cited5 opinions

  1. Brown v. WalkerSupreme Court of the United States · 1896
  2. People v. Lee Yune ChongCalifornia Supreme Court · 1892
  3. Ex parte CohenCalifornia Supreme Court · 1894
  4. People v. StollCalifornia Supreme Court · 1904
  5. Randall v. DuffCalifornia Supreme Court · 1894

3Cited by31 opinions

  1. People v. NewellCalifornia Supreme Court · 1923
  2. State ex rel. Adair v. DrexelNebraska Supreme Court · 1905
  3. In Re Application of HarronCalifornia Supreme Court · 1923
  4. In Re ConnollyCalifornia Court of Appeal · 1936
  5. People v. FryCalifornia Court of Appeal · 1934

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