Legal Opinion

In Re Reed

California Supreme Court

Decided June 18, 1904No. Crim. No. 1145PublishedCited by 19 opinions

APPLICATION by Hugh O’Neill for Writ of Habeas Corpus on behalf of Joseph Reed to the Warden of the State Prison at San Quentin, who holds the prisoner pursuant to a judgment of the Superior Court of the City and County of San Francisco. F. H. Dunne, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFARLAND, J.

Joseph Reed, whose discharge from the custody of the warden of the state prison at San Quentin is prayed for in the petition herein, was charged in the superior court with robbery and a former conviction of petit larceny. He confessed the prior conviction and pleaded “Not guilty” to the charge of robbery. On October 22, 1903, he was convicted of an assault with intent to commit robbery; and on November 11, 1903, judgment was entered sentencing him to the state prison for the term of seven years.

It is contended that the judgment above noticed is void for these reasons: Section 220 of the Penal…

2Cases cited3 opinions

  1. Ex parte SotoCalifornia Supreme Court · 1891
  2. Ex parte BernertCalifornia Supreme Court · 1881
  3. People v. RileyCalifornia Supreme Court · 1874

3Cited by19 opinions

  1. Landreth v. GladdenOregon Supreme Court · 1958
  2. Haworth v. ChapmanSupreme Court of Florida · 1933
  3. Matter of SmithCalifornia Supreme Court · 1907
  4. Ex parte FosterOregon Supreme Court · 1914
  5. In Re RobinsonCalifornia Court of Appeal · 1956

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