gno.law

In Re Barnes

California Court of Appeal · Docket No. 2295. · 1932-11-28 · Published · 16 P.2d 309 · 127 Cal. App. 708 · 1932 Cal. App. LEXIS 329

In the Matter of the Application of Charles A. Barnes for a Writ of Habeas Corpus.

Proceeding
original
Outcome
remanded — PROCEEDING in Habeas Corpus to secure the release of petitioner under a conviction on a criminal charge. Writ discharged and petitioner remanded. The facts are stated in the opinion of the court.
Area
criminal
Panel
John D. Works (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

[1] Petitioner is in custody under an alleged conviction on a criminal charge before a justice of the peace, petitioner's contention being that the docket of the justice fails to show that petitioner had a trial before the judgment of conviction was rendered.

At the oral argument respondent was permitted to file an amended return to the writ, by which it was shown that since the issuance of the writ the justice had corrected the docket to show that a trial actually occurred. Petitioner contends that a justice of the peace may not amend his docket at such a stage. This contention cannot be upheld. (See In re Glavich, 74 Cal.App. 144 [239 P. 707].)

The writ is discharged and the petitioner is remanded to custody.

Craig, J., and Thompson (Ira F.), J., concurred.

*Page 710

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