Legal Opinion

Cleland v. Superior Court

California Court of Appeal

Decided June 6, 1942No. Civ. 6790PublishedCited by 6 opinions

1Opinion of the Court

THE COURT.

By means of a writ of prohibition the petitioner seeks to restrain the Superior Court of Mendocino County from proceeding to try him in a criminal action under an indictment charging him as an “officer,” to wit, as of the Mendocino County Farm and Hospital, with being “interested in contracts” contrary to section 71 of the Penal Code.

It is contended, as a matter of law, that no such office exists, or was created; that the petitioner is a mere employee, as distinguished from a county officer; that the petitioner’s alleged “interest in contracts” is not a criminal offense under…

2Cases cited8 opinions

  1. Greenberg v. Superior CourtCalifornia Supreme Court · 1942
  2. Welsh v. BramletCalifornia Supreme Court · 1893
  3. Farrell v. Board of TrusteesCalifornia Supreme Court · 1890
  4. Ford v. Board of State Harbor CommissionersCalifornia Supreme Court · 1889
  5. People Ex Rel. Attorney-General v. WheelerCalifornia Supreme Court · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Schaefer v. Superior CourtCalifornia Court of Appeal · 1952
  2. Brooks v. StewartCalifornia Court of Appeal · 1950
  3. People v. SpencerCalifornia Court of Appeal · 1975
  4. County of Marin v. DufficyCalifornia Court of Appeal · 1956
  5. People v. RosalesCalifornia Court of Appeal · 2005

1 more not listed; retrieve them via the Exa API.

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