In Re Crowley
Opinion
Lead Opinion
Plummer, J.
This matter is before the court upon the petition of Ida M. Briekell, praying for a writ of habeas corpus in behalf of Eva Crowley, wherein it is alleged that the said Eva Crowley is unlawfully detained, confined, and restrained of her liberty by Dr. G. W. Ogden, medical superintendent of the Napa State Hospital; that said writ be directed to the said Dr. 6. W. Ogden, and that upon the hearing hereof the writ be granted restoring said Eva Crowley to her liberty and releasing her from the custody of Dr. G. W. Ogden as superintendent of said Napa State Hospital.
The petition is based upon the alleged insufficiency of the affidavit upon which the proceedings in this matter were instituted to have the said Eva Crowley committed for and on account of the alleged excessive use of intoxicating stimulants, to give the court jurisdiction to proceed with the hearing and commitment of the said Eva Crowley.
The affidavit upon which the proceedings were instituted, in so far as material here, is in the following words: “James B. Crowley, being duly sworn, deposes and says: That there is now, in said County of San Francisco, a person named Eva Crowley who is so far addicted to the intemperate…