In Re Johnson

Pursuant to order of commitment after preliminary examination by a magistrate, an information was filed in the superior court charging the petitioner with the commission of a felony, to wit, the crime of violating section 137 of the Penal Code. Petitioner is now confined in the county jail awaiting trial on said information. In asking for the writ of habeas corpus he contended that at said preliminary examination no evidence whatsoever was introduced tending to show probable or reasonable cause to believe that petitioner had violated said section 137 of the Penal Code.

The bribing of a witness for the purpose of influencing his testimony, or inducing him to give false or withholding true testimony, is a felony. (Pen. Code, see. 137.) To wilfully prevent or dissuade any person who is or may become a witness from attending upon any trial, proceeding, or inquiry authorized by law, is a misdemeanor. (Pen. Code, sec. 136.) To receive or offer to receive a bribe for either of the above-mentioned purposes is a felony. (Pen. Code, see. 138.) These three sections as originally enacted in the year 1872 provided for the punishment of each of said offenses as a misdemeanor. By subsequent…