Ex Parte Shackleford

Application for writ of habeas corpus prayed to be directed against the sheriff of the city and county of San Francisco to secure the release of defendant from custody.

The petition recites that in, violation of the constitution of the Hnited States and of this state he is unlawfully detained and restrained of his liberty by said sheriff, who claims the right to his custody by virtue of a commitment issued out of the police court of San Francisco dated June 30, 1923, holding petitioner to answer for a felony, to wit, violating the provisions of section 476a of the Penal Code, in that he did make, draw, utter, and deliver to the Hastings Clothing Company a certain check and draft for the payment of money drawn on a certain bank. Attached to the petition is a copy of the information filed on the nineteenth day of July, 1923, charging defendant with a violation of section 476a of the Penal Code. No other record is before us. It appears from recitals in the record that on July 31, 1923, petitioner was arraigned before Honorable Harold Louderback, sitting during the vacation of Honorable Michael J. Roche of department six of the superior court, and pleaded not guilty to the charge,…