gno.law

In Re Yahne

California Supreme Court · Crim. No. 2656. · 1924-03-13 · Published · 224 P. 452 · 193 Cal. 386 · 1924 Cal. LEXIS 316

In the Matter of the Application of Melville C. Yahne for a Writ of Habeas Corpus.

Outcome
remanded — PROCEEDING on Habeas Corpus to secure release from custody on a charge of violating Autobus Transportation Act (Stats. 1917, p. 330). Petitioner remanded. The petitioner was held in custody on a charge of violating the Autobus Transportation Act (Stats. 1917, p. 330).
Area
other
Panel
The Court (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

At the conclusion of the oral argument in the above-entitled matter the Chief Justice made the following statement:

[1] The Chief Justice: The justices are all satisfied that the complaint upon which the petitioner is held, as shown by the return, states a public offense, and that the question of whether or not the petitioner was guilty or innocent of that offense is the question counsel is now presenting to the court in his effort to show that the petitioner was engaged *Page 387 in interstate commerce and that an attempted prohibition of that interstate commerce was a violation of the interstate commerce clause of the federal constitution. We do not believe the record before us presents that question, and hold that the remedy of the petitioner is to defend the case before the trial court.

The petition will be denied and the prisoner remanded for the reasons stated and the remarks of the court will be transcribed and made the written opinion of the court.

Petitioner remanded.

Cited by