In Re Cordish

This is an application for a writ of habeas corpus. From the sheriff’s return it appears that that officer held the petitioners under an order of the police court of San Francisco holding the petitioners to answer upon a charge of felony and committing the petitioners to the custody, of the sheriff until they be legally discharged. To the sheriff’s return the petitioners did not interpose any answer of any kind or nature. (Pen. Code, sec. 1484.)

In their brief the petitioners concede that the complaint on file in the police court was an attempt “to charge said petitioners with a violation of section 14 of the Corporate Securities Act.” (1 Deering’s Gen. Laws 1923, Act 3814, pp. 1399, 1407.) If so, the complaint may not be attacked in this proceeding. {Ex parte Ruef, 150 Cal. 665 [ 89 Pac. 605 ].) They make a meticulous attack on the evidence taken in the police court and contend that the evidence was insufficient to support the order holding the petitioners to answer. On the record as made, the evidence taken in the police court is not properly before this court and we are not at liberty to consult it. (Pen. Code, sec. 1484.) If, however, we pick up that evidence and examine it…