In Re Brown

Good Law
102 Cal. App. 97·1929 Cal. App. LEXIS 111·282 P. 538
Court of Appeal of CaliforniaNovember 19, 1929Docket No. 1102.California959 words

Opinion

Lead Opinion

Finch, J.

The petitioner has applied for a writ of habeas corpus on the ground that he is illegally restrained of his liberty under an executive warrant issued Ly the Governor of this state, after a hearing, upon the demand of the Governor of the state of Washington for the extradition of the petitioner, who was indicted by the grand jury of the county of Grays Harbor, Washington, on five counts, in each of which it is charged in substance:

The alleged false financial statement referred to in the first count purported to set forth the assets and liabilities of the petitioner and those in the other counts the assets and liabilities respectively of four different corporations. Section 56 of the Washington Bank Act reads as follows:

Petitioner contends that the indictment fails to state a public offense, that the section quoted applies only to “the officers, agents, employees and banking personnel of banks,” and that the indictment does not allege that the petitioner is an officer, agent or employee.

“On habeas corpus fhe inquiry into the sufficiency of an indictment is limited. We think the true rule is that where an indictment purports or attempts to state an offense of a kind of which…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.