In Re Page
Opinion
Lead Opinion
Tyler, J.
— Petition for a writ of habeas corpus. It is alleged therein that petitioner Frank E. Page is unlawfully imprisoned and restrained of his liberty by the sheriff of the county of Modoc, California; that he is so restrained pursuant to an order and bench warrant issued out of the superior court of said county charging him with the murder of one Pearl Connell. That prior to the filing of the information and as the basis thereof a complaint was filed before William Thompson, justice of the peace of Alturas township, county of Modoc, sitting as a committing magistrate, in which said complaint petitioner was charged with the crime of murder of the said Pearl Connell, and -thereafter and on the eighteenth day of March, 1927, a preliminary hearing and examination was held by such committing magistrate, and at the close thereof said magistrate made an order holding petitioner to answer on the charge: of murder. That at the time of the making of said order the attorney for petitioner moved the magistrate for an order fixing bail, which motion was denied and petitioner was committed to the sheriff of said Modoc County. That thereafter the district attorney of said county filed in the…