In Re Griffin

Habeas corpus. The petition recites that Bussell L. Griffin is imprisoned and restrained of his liberty by the sheriff of the city of San Francisco, by reason of an information being filed against him under which he is charged with the commission of a felony in violating section 476a of the Penal Code, relating to issuing bank checks with intent to defraud. That his confinement is illegal in this, that before the filing of said information he had not been legally committed on the charge by the magistrate for the following reasons: That the undisputed evidence adduced by the people at the preliminary hearing shows: (1) That petitioner did not commit the offense or any offense charged in said information, but, on the contrary, the facts show that no crime had been committed; (2) That no check was ever uttered or delivered by defendant; (3) That the check set out in the information was post-dated and the payee instructed that defendant had no funds in the bank to meet the check and that the same was not to be presented for payment until defendant advised said payee to do so, and which instruction was never given; (4) That the check was never cashed, but was deposited by the payee,…