Legal Opinion

In Re Driggs

California Court of Appeal

Decided April 26, 1909No. Crim. No. 125PublishedCited by 4 opinions

APPLICATION for a writ of habeas corpus to determine the legality of a commitment by a magistrate to the sheriff of the County of Los Angeles. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

The complaint filed before the magistrate was sufficient. The instrument alleged to have been forged was such as might be made the basis of fraud after utterance. (People v. Collins, 9 Cal. App. 622, [99 Pac. 1109], and cases cited.) The delivery of the instrument by petitioner to the notary public was a representation of its genuineness and an utterance of the alleged forged instrument in contemplation of law. Such delivery to a public officer cannot be said to be a delivery to a private agent. (Homan v. Wayer, 9 Cal. App. 123, [98 Pac. 80].) The record of the instrument, by…

2Cases cited2 opinions

  1. Homan v. Wayer320California Court of Appeal · 1908
  2. People v. CollinsCalifornia Court of Appeal · 1908

3Cited by4 opinions

  1. State v. SinghCourt of Appeals of Arizona · 1966
  2. Flores Montañez v. GonzálezSupreme Court of Puerto Rico · 1957
  3. Flores Montañez v. GonzálezSupreme Court of Puerto Rico · 1957
  4. State v. SinghCourt of Appeals of Arizona · 1966

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API