In Re Hall

Petitioner seeks his release from -custody by hateas corpus.

August 31, 1923, he was arrested without a warrant and confined in the Turlock jail. On the following day lie was taken to the county jail, where he was held without any charge being preferred against him until September 6tli. On the afternoon of the latter date an affidavit was filed with a justice of the peace alleging that on the thirty-first day of August, 1923, petitioner had" threatened to kill one Albert Mello, and praying that petitioner be required to give security to keep the peace. The justice of the peace thereupon issued a warrant for the arrest of the petitioner, who was taken before that officer on the afternoon of September 7th. Petitioner controverted the charge made against him and demanded an immediate hearing. The justice of the peace was then engaged in the trial of a case and had civil and criminal cases set for trial before the court which would occupy practically all of his time until 3 o’clock P. M., September 12th, for which time the justice of the peace set the hearing of the charge against petitioner, denied petitioner’s request for an immediate hearing, refused to admit him to hail, and…