Legal Opinion

Ex Parte Vice

California Court of Appeal

Decided March 6, 1907No. Crim. No. 81PublishedCited by 23 opinions

"WRIT of habeas corpus to the Sheriff of the City and County of San Francisco. The facts are stated in the opinion of the court.

1Opinion of the CourtCooper, P. J.

It is alleged in the petition that the prisoner is unlawfully imprisoned and restrained of his liberty by Thomas F. O’Neil, sheriff of the city and county of San Francisco. The imprisonment is claimed to be unlawful for the alleged reason that the prisoner has been committed and held to answer by a judge of the police court of the said city on a criminal charge of embezzlement without reasonable or probable cause. This is made a ground for discharging a party in habeas corpus proceedings. (Pen. Code, sec. 1487, subd. 7.) And a discharge in such case is the rule in the supreme court. {Ex parte…

2Cases cited5 opinions

  1. People v. RoyceCalifornia Supreme Court · 1895
  2. In Re KennedyCalifornia Supreme Court · 1904
  3. Ex parte SternesCalifornia Supreme Court · 1889
  4. People v. PageCalifornia Supreme Court · 1897
  5. Territory of Arizona v. MonroeArizona Supreme Court · 1906

3Cited by23 opinions

  1. In Re BellCalifornia Supreme Court · 1942
  2. People v. NagleCalifornia Supreme Court · 1944
  3. People v. McGeeCalifornia Supreme Court · 1934
  4. Menefee v. StateCourt of Criminal Appeals of Texas · 1978
  5. Ex Parte DickersonCourt of Criminal Appeals of Texas · 1977

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