Ex Parte Haase

Good Law
1907 Cal. App. LEXIS 285·5 Cal. App. 541·90 P. 946
Court of Appeal of CaliforniaMay 16, 1907Crim. No. 47.California1,632 words

Opinion

Lead Opinion

Burnett, J.

Petitioner asks to be discharged from the custody of the warden of the state prison on the ground that the "judgment and sentence were and are void, that said court had no authority in law to enter said judgment or to pronounce said sentence; that the same are in excess of the jurisdiction of the court and are nullities.”

The return to the writ shows that petitioner is imprisoned by virtue of a commitment issued out of the superior court of the state of California in and for the county of San Bernardino in the following form: “The district attorney, with the defendant, who had heretofore waived counsel, came into court. The defendant was duly informed by the court of the nature of the information filed against him for the crime of burglary committed on the 6th day of October,-1904, of his arraignment and plea of guilty on the 8th day of October, 1904, of burglary in the first degree. The defendant was then asked if he had any legal cause to show why judgment should not be pronounced against him. To which he replied he had none. And no sufficient cause being shown or appearing to the court, thereupon, the court rendered its judgment: That whereas, the said Henry Haase, having been…

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