Matter of Hughes
California Supreme Court
APPLICATION for a Writ to review and annul an order of the Superior Court of Sacramento County discharging from custody one Frank Horning, a convict in the Folsom state prison. J. W. Hughes, Judge. The facts are stated in the opinion of the court. U. S. Webb, Attorney-General; R. C. Van Fleet, Deputy Attorney-General; J. D. Fredericks, District Attorney, and John C. North, Deputy District Attorney, for Petitioner.
1Opinion of the CourtShaw, J.
This is a proceeding to review and annul an order of the superior court of Sacramento County discharging from custody one Fred Horning, a convict in the Folsom state prison.
Horning was charged by information in the superior court of Los Angeles County with the crime of assault with intent to commit murder. He entered a plea of guilty and in September, 1908, was sentenced to confinement in the state prison at Folsom for the period of fourteen years. In May, 1910, he applied for a writ of habeas corpus, by petition addressed to the superior court of Sacramento County. The writ was issued, a…
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