gno.law

In re Perry

California Court of Appeal · Crim. No. 2594 · 1949-05-05 · Published · 91 Cal. App. 2d 677 · 206 P.2d 652 · 1949 Cal. App. LEXIS 1285

In re BERNICE PERRY, on Habeas Corpus

Area
other
Panel
Raymond E. Peters (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 — Peters

PETERS, P. J.

The writ of habeas corpus was issued on a petition averring that the prisoner was being held without a commitment. According to the record that has been filed, that averment, when made, was justified by the facts then in the knowledge of the attorney for the petitioner, but the record shows that in fact a commitment had been issued.

It appearing to the court that the trial court had jurisdiction of the person and the subject matter, and that a valid commitment had been issued, it is the order of the court that the writ of habeas corpus be discharged and the prisoner is remanded to custody.

Ward, J., and Bray, J., concurred.

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