gno.law

In Re Giruado

California Court of Appeal · Docket No. 215. · 1931-05-25 · Published · 299 P. 740 · 114 Cal. App. 348 · 1931 Cal. App. LEXIS 867

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

Proceeding
original
Outcome
writ granted — PROCEEDING in Habeas Corpus to secure release from custody. Writ granted. The facts are stated in the opinion of the court.
Area
other
Panel
Jennings (author)

Analysis

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Opinion

[1] On the hearing of this matter it was stipulated by counsel that the petitioner was tried in the Justice's Court of Calexico township for the commission of an offense in another township in Imperial County. Petitioner contends that the judgment of conviction is void by reason of want of jurisdiction. This contention is obviously correct and amply sustained by the authorities. (Antilla v. Justice's Court, 209 Cal. 621 [290 P. 43]; In re Bridwell, 112 Cal.App. 19 [296 P. 312]; Inre Cohen, 107 Cal.App. 288 [290 P. 512].) *Page 349 The writ is granted and petitioner is discharged from custody.

Marks, Acting P.J., concurred.

Barnard, P.J., being absent, did not participate in this opinion.

Cites, in this corpus

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