Ex parte Cahill
California Supreme Court
Application to the Supreme Court to be discharged on habeas corpus. On the 6th day of July, 1877, an information was laid before D. Hopkins, a Justice of the Peace at Stockton, San Joaquin County, charging E. N. Cahill with the crime of murder.
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Application to the Supreme Court to be discharged on habeas corpus. On the 6th day of July, 1877, an information was laid before D. Hopkins, a Justice of the Peace at Stockton, San Joaquin County, charging E. N. Cahill with the crime of murder. The defendant was arrested on a warrant issued by the Justice, and after an examination, he was, on the 24th day of July, held to bail for murder in the second degree, in the sum of ten thousand dollars, and, in default of bail, was committed to jail. The depositions and papers were by the Justice sent to the County Court, and the Grand Jury, at the…
1Opinion of the Court
argued that the Court to which the depositions were returned after an examination, must inquire into the alleged offense through the first Grand Jury; and that if such Grand Jury returned the depositions to the Court dismissing the charge, it could not be referred to another Grand Jury, and cited Penal Code, sec. 941; and that a Justice of the Peace could not afterward order the arrest of the defendant. They also argued that an examination of a defendant on a criminal charge was not a prosecution in the sense in which the word was used in the Penal Code in secs. 682 and 888.
Jo Hamilton, J.…
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