Legal Opinion

In Re Wells

California Supreme Court

Decided November 1, 1946No. Crim. 4752PublishedCited by 25 opinions

1Opinion of the CourtSchauer, J.

Petitioner Cassius M. Wells stands committed to the Fresno County Jail upon one judgment for two asserted contempts of court: a constructive contempt, violation of a restraining order; and a direct contempt, refusal to answer questions at the hearing on the charge of constructive contempt. He seeks release upon a writ of habeas corpus. We have concluded that, regardless of the merits of the controversy otherwise, the judgment under which he is imprisoned is void and, hence, that he is entitled to release.

As shown by the return of the sheriff to the writ, the basis of petitioner’s confinement…

2Cases cited4 opinions

  1. In Re BattelleCalifornia Supreme Court · 1929
  2. Ex parte SilviaCalifornia Supreme Court · 1899
  3. Myers v. Superior CourtCalifornia Court of Appeal · 1920
  4. In Re ZukerCalifornia Court of Appeal · 1936

3Cited by25 opinions

  1. Chula v. Superior CourtCalifornia Supreme Court · 1962
  2. Freeman v. Superior CourtCalifornia Supreme Court · 1955
  3. Vallindras v. Massachusetts Bonding & InsuranceCalifornia Supreme Court · 1954
  4. City of Culver City v. Superior CourtCalifornia Supreme Court · 1952
  5. Vaughn v. Municipal CourtCalifornia Court of Appeal · 1967

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