In Re Scott

Application for a writ of habeas corpus. The petition recites that applicant is restrained of his liberty by the sheriff of Alameda County. That said restraint is illegal in this, that petitioner has been committed on a criminal charge of grand larceny of an automobile without reasonable or probable cause therefor, as the evidence of the prosecuting witness taken at the preliminary examination shows that she voluntarily delivered title to and possession of the automobile to petitioner. The return of the sheriff recites that petitioner was received by him into custody by virtue of a commitment issued out of the police court of the city of Oakland charging grand larceny by trick and device. That thereafter and on September 7, 1927, the district attorney of Alameda County filed an information charging petitioner with the commission of grand theft, based upon the same transaction shown at the preliminary examination; that on the following day, September 8, 1927, the superior court in and for Alameda County issued a writ of habeas corpus on behalf of petitioner, returnable September 12th and on said day, after hearing, discharged the writ. That on September 12, 1927, petitioner was…