In Re Schaefer

The petitioner for the writ herein alleged and the return to the writ admits that the petitioner is held in custody of the sheriff of Los Angeles solely under and by virtue of a bench warrant issued by the superior court of that county, a copy of which bench warrant appears as a part of the petition. The substance of the warrant, addressed “to any sheriff”, etc., reads as follows: “An indictment having been filed on the 7th day of September, 1933, in the Superior Court of the County of Los Angeles, charging Abe Bernstein et al., with the crime of conspiracy to commit vagrancy, a felony; you are therefore commanded forthwith to arrest the above-named John Doe No. 5 and bring him before that court to answer the said indictment, or if the court be not in session that you deliver him into the custody of the Sheriff of the County of Los Angeles, or if he require it that you take him before any Magistrate in that County, or in the County in which you arrested him, that he may give bail to answer to the indictment in the sum of $50,000.00.”

It is contended by petitioner that said warrant is wholly invalid and is violative of section 19, article I, of the Constitution of California. That…