Legal Opinion · Concurrence

Matter of Roberts

California Supreme Court

Decided March 29, 1910No. Crim. No. 1576Published

PETITION for Discharge upon Writ of Habeas Corpus ■from the custody of the Chief of Police of the City and County ■of San Francisco. The facts are stated in the opinion of the court.

1ConcurrenceHenshaw, J.

I concur in the judgment for the following reasons:—

Section 337a of our Penal Code is in all essentials (saving that of the penalty prescribed) an exact re-enactment of section 351 of the Penal Code of the state of New York. It is a familiar rule that when one state enacts a statute taken from the books of a sister state, the construction which the courts of the latter state have put upon the statute is of great value and of high persuasive 'force in its interpretation. If a reading of this statute did not clearly disclose, as I think it does, that its principal, if not its sole, object is to…

2Cases cited5 opinions

  1. People v. . StedekerNew York Court of Appeals · 1903
  2. People Ex Rel. Lichtenstein v. . LanganNew York Court of Appeals · 1909
  3. People ex rel. Collins v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1908
  4. People v. WynnNew York Supreme Court · 1890
  5. People v. FisherNew York Supreme Court · 1891

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