In Re Elsholz

Petitioner is now serving a one year sentence in the Yolo County Jail, having been committed by an order of the Justice Court of the Washington Judicial District following revocation of probation. After an unsuccessful application in the Yolo County Superior Court, he seeks habeas corpus here. The People’s return to our order to show cause brought before us the transcript of oral testimony tak en and documentary exhibits introduced in the course of the superior court habeas corpus proceeding.

On October 26, 1961, petitioner’s former wife filed a complaint in the Justice Court of the Washington Judicial District, Yolo County, charging him with failure to support his four minor children, a violation of Penal Code section 270, and a warrant was issued. Defendant was arrested in Stockton in early November 1962. Mr. Norman W. Shaw, Jr., a Stockton attorney, arranged for petitioner’s release on bail on a promise to appear on Friday, November 9, 1962. According to his verified petition, petitioner appeared at the Justice Court of the Washington Judicial District on November 9, 1962, and spoke to a woman clerk, who told him that no appearance was necessary at that time since the warrant…