gno.law

Ex parte Strong

California Supreme Court · No. 15,255 · 1892-12-12 · Published · 3 Cal. Unrep. 706 · 31 P. 574 · 1892 Cal. LEXIS 1056

Ex Parte STRONG

Area
other

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

PER CURIAM.

This is an application for a writ of habeas corpus based upon the following allegations: The petitioner was accused by information filed September 8, 1892, of the crime of assault with a deadly weapon. More than ninety days have since elapsed, but he has not been brought to trial. He has made no application for a postponement, and there is no excuse for the delay. He has asked the superior court in which the accusation is pending to order the prosecution to be dismissed, and that motion has been denied. These allegations, if true, show that it was the duty of the superior court to dismiss the prosecution (Pen. Code, sec. 1382) ; but until the information is dismissed the imprisonment is lawful. Writ denied.

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