Legal Opinion

Ex parte Nicholas

California Supreme Court

Decided November 14, 1891No. 20870PublishedCited by 13 opinions

Application to the Supreme Court for a discharge upon a writ of habeas corpus. The facts are stated in the opinion of the court.

1Opinion of the CourtBeatty, C. J.

The petition filed on behalf of the said Nicholas alleges, in substance, that his detention is illegal, because he has been charged by information with the crime of embezzlement without any previous examination and commitment by a magistrate for such crime, and because the superior court has denied his motion to dismiss the information, which motion, he says, was based upon the ground that said information had not been found and filed according to law.

In my opinion, the petition is upon its face wholly insufficient to justify the issuance of the writ. Construed with the utmost liberality in…

2Cases cited3 opinions

  1. People v. ChuckCalifornia Supreme Court · 1885
  2. Ex parte KeilCalifornia Supreme Court · 1890
  3. People v. VierraCalifornia Supreme Court · 1885

3Cited by13 opinions

  1. In Re MooreCalifornia Court of Appeal · 1924
  2. People v. ChristianCalifornia Supreme Court · 1894
  3. Ex Parte FowlerCalifornia Court of Appeal · 1907
  4. People v. HolmesCalifornia Court of Appeal · 1910
  5. People v. SandersCalifornia Court of Appeal · 1929

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