In Re McCoy
Opinion
Lead Opinion
Chipman, J.
Petitioner was, on August 3, 1908, complained against for a misdemeanor in violating an ordinance of the county of Lassen requiring a license to be paid for raising, grazing, herding and pasturing sheep and lambs within said county; a warrant of arrest was issued by a justice of the peace and was duly served by arresting the defendant (petitioner here) and bringing him into the magistrate’s court on said day, whereupon he was committed to the custody of the sheriff of Lassen county “pending the calling of his case for trial” and was by the sheriff taken into custody. Petitioner thereupon, to wit, on August 5, 1908, presented his petition to this court, alleging his imprisonment under said commitment, and the writ was ordered to issue directing the sheriff to produce the prisoner and have him in court on August 14, 1908, “and that in the meantime said petitioner be released on bail in the sum of $100.00 cash.” In his return the sheriff states that petitioner was committed to his custody by virtue of the commitment and was detained by virtue thereof; “that upon the service of said writ the said L. L. McCoy was admitted to bail in the sum of $100.00 cash as ordered by said writ, and…