In Re Gough

This is an appeal by the people of the state of California from an order granting* a petition for a writ of habeas corpus and the discharge of the petitioner. The petitioner makes a preliminary objection in the form of a motion to dismiss the appeal.

The application for a writ of habeas corpus was presented to the superior court of this state in and for the county of Marin. The petitioner was represented by his attorney Mr. Califro. The people of the state of California were represented by Mr. Greer, the district attorney of Marin County. The people were the only respondents and Mr. Greer did not represent anyone else. When the trial court announced its judgment granting the application and ordering the petitioner discharged, Mr. Greer, as recited in the minutes, announced in open court that “an appeal is taken at this time”. The record does not show that he specially designated his client by name. Assuming, without deciding, that he should have done so, we may not presume that he did not perform his official duty. (Code Civ. Proc., sec. 1963, subd. 15.) It follows that the appeal was taken by the people of the state of California.

Later a document headed ‘ ‘ Specifications of…