In Re Lewis

Good Law
1906 Cal. App. LEXIS 259·3 Cal. App. 738·86 P. 996
Court of Appeal of CaliforniaJune 16, 1906Crim. No. 38.California743 words

Opinion

Lead Opinion

Gray, J.

In this matter the prisoner, Nellie Mundell Lewis, must be discharged for several reasons:

The warrant returned here by the sheriff as his authority for holding the prisoner was issued out of the superior court on June 6, 1906, and is by its terms based upon a complaint filed in said court on February 21, 1906, “praying for the commitment of the above-named minor to the Whittier State School for juvenile offenders.” To this warrant is attached what purports to be .a copy of a complaint sworn to on the second day of May, 1906. At the hearing of the matter the sheriff introduced in evidence the copy of another complaint differing in several respects from the copy attached to the warrant returned. This copy of complaint introduced in evidence was also sworn to upon the second day of May, 1906. Neither of these two complaints, copies of which are before me herein, can be treated as supporting the warrant in question, for the reason that they are not as appears by date referred to in the warrant, nor is either of them the basis of the said warrant. There was, as I find "by examination of the records of this court, a complaint filed against the prisoner in said superior court on the…

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