In Re Clark

By this proceeding petitioner seeks to be discharged from the custody of the sheriff of the county of Kings, by whom he is held under a commitment issued by a justice of the peace of said county. After proceedings had before the justice, defendant was held to answer to the superior court on a charge of perjury. Following the making of that order by the magistrate, the district attorney filed his information in' the superior court. It is here claimed that the commitment was made without reasonable or probable cause. The record of the proceédings had and testimony taken before the justice of the peace on the preliminary examination of petitioner is made a part of the petition. ' We think that the contention of petitioner is well made and that he is entitled to be discharged from custody.

[1] It appears that the charge of -perjury was based upon testimony given by petitioner in a criminal action wherein petitioner was charged with having conducted the game of “stud-horse poker” which is prohibited by the terms of section 330 of the Penal Code. In the complaint for perjury it was charged that petitioner, having been called as a witness in his own behalf in the criminal action…