Matter of Smith
California Supreme Court
APPLICATION for a writ of habeas corpus directed to the Sheriff of the City and County of San Francisco. The facts are stated in the opinion of the court. Milton Newmark, Charles A. Strong, and John Cotter Quinlan, for Petitioner. W. H. Langdon, District Attorney, and William Hoff Cook, Assistant District Attorney, for Respondent.
1Opinion of the CourtBeatty, C. J.
The prisoner in whose behalf this proceeding was instituted having been convicted of the crime of burglary was arraigned for sentence on the twenty-ninth day of November last. He objected to the proceeding upon the ground that the governor having appointed that day a legal holiday, the court was without authority to perform any judicial act except those enumerated in section 134 of the Code of Civil Procedure. This objection was overruled and the judge pronounced sentence, upon which a commitment was issued to the sheriff requiring him to deliver the prisoner to the proper officers of the…
2Cases cited6 opinions
- In Re ReedCalifornia Supreme Court · 1904
- Ex parte SotoCalifornia Supreme Court · 1891
- Ex parte BernertCalifornia Supreme Court · 1881
- Ex parte KellyCalifornia Supreme Court · 1884
- In re Fil KiCalifornia Supreme Court · 1889
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3Cited by29 opinions
- Powers v. City of RichmondCalifornia Supreme Court · 1995
- Superior Court v. County of MendocinoCalifornia Supreme Court · 1996
- In Re McCoyCalifornia Supreme Court · 1948
- State v. Lee LimUtah Supreme Court · 1932
- Helping Hand Home for Children v. County of San DiegoCalifornia Court of Appeal · 1938
24 more not listed; retrieve them via the Exa API.