gno.law

In re Simone

California Court of Appeal · Crim. No. 2056 · 1931-04-06 · Published · 113 Cal. App. 232

In the Matter of the Application of PETER F. SIMONE for a Writ of Habeas Corpus

Area
criminal
Panel
York (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 — York

YORK, J.

The complaint in this case charges that the act was committed at a certain time and place wrongfully and unlawfully and in violation of section 311 of the Penal Code of California. The allegation that the act was done unlawfully and that it was done in violation of section 311 of the Penal Code brings the case within the rule announced by the Supreme Court of this state in the Matter of the Application of Ahart, 172 Cal. 762, 765 [159 Pac. 160].

' The complaint is far from being a model complaint, but complies with the requirements of said decision. It is therefore ordered that the writ be discharged and the prisoner remanded to custody.

Conrey, P. J., and Houser, J., concurred.

Cites, in this corpus