DocketNumber: Crim. No. 701.
Citation Numbers: 188 P. 1006, 46 Cal. App. 92
Judges: THOMAS, J. —
Filed Date: 2/11/1920
Status: Precedential
Modified Date: 1/12/2023
Petitioner here, claiming that he is "unlawfully imprisoned, detained, confined, and restrained of his liberty by the sheriff of Los Angeles County," asks this court that a writ ofhabeas corpus may be granted, directed to said sheriff, restoring petitioner to his liberty, etc.
It is alleged that said imprisonment, etc., is illegal, in that "no complaint has been filed in the superior court of the state of California, in and for the county of Los Angeles, charging this petitioner with any criminal offense or crime," and that he "was ordered and committed into the custody of the sheriff of Los Angeles County . . . by the Honorable Grant Jackson, Judge of the superior court, . . . which commitment is dated February 6, 1920, . . . and is based on the following testimony of B. Myers, who was called as a witness on behalf of the plaintiff in the case of A. L. Gore, Plaintiff, v. B. Myers, Defendant." (Here follows copy of transcript of the testimony referred to.) The sheriff, in his return, showed, among other things, that "said B. Myers . . . was committed to my custody by virtue of a commitment issued by the Honorable Judge of the superior court of the county of Los Angeles, a copy of which is hereto annexed," etc. [1] From said order of commitment it appears that defendant therein, petitioner here, was before the lower court in supplementary proceedings, and the court found that he "had in his possession and under his control, fifteen thousand dollars . . . in the form of Canadian War Bonds, and sufficient to satisfy said judgment, and . . . out of which he is able to pay the judgment herein," and ordered *Page 94 that "said defendant forthwith pay to the clerk of this court so much . . . as is necessary to satisfy said judgment," and that he be committed to the custody of the sheriff until such time as he shall have complied with the order so made.
Counsel for petitioner has called our attention to, and relies upon, the case of Ex parte Overend,
Though the facts here differ materially from those in theMatter of Gutierrez, post, p. 94, [
The writ is discharged and the prisoner remanded.
Finlayson, P. J., and Sloane, J., concurred.