Ex parte Thomas
California Supreme Court
Hearing in the Supreme Court upon writ of habeas corpus. The facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
The return to the writ of habeas corpus issued herein shows that the petitioner was convicted in the police court of the city and county of San Francisco of the crime of adultery, and thereupon sentenced to be imprisoned in the county jail for one year, and that he is now held in custody under commitment based upon said judgment.
The judgment is void. Adultery is not made a crime by any statute of California. It is the living together in open and notorious cohabitation and adultery that is made criminal by the statute (Stats. 1871-72, p. 380), and it has been rightly held that mere…
2Cases cited1 opinion
- People v. GatesCalifornia Supreme Court · 1873
3Cited by6 opinions
- In Re LaneCalifornia Supreme Court · 1962
- People v. BassAppellate Division of the Superior Court of California · 1963
- Pueblo v. BirrierSupreme Court of Puerto Rico · 1912
- In Re Tom WongCalifornia Court of Appeal · 1932
- In Re LaneCalifornia Supreme Court · 1962
1 more not listed; retrieve them via the Exa API.