In Re Berman

The return to the writ of habeas corpus issued upon the petition of Berman recites that at the time of the issuance and service of the writ upon the sheriff, that official held petitioner in custody by virtue of an order of the Superior Court made by Hon. Marshall McComb, one of its judges. It appears that this order was made in open court on the eleventh day of April, 1930, without notice to either the defendant or the district attorney, and under the following circumstances alleged in the petition, and not controverted: On the nineteenth day of May, 1927, an indictment was returned by the grand jury of Los Angeles County, charging Berman with forgery and embezzlement. At that time he was out of the state of California. Bail was fixed at $250,000. On the twelfth day of September, 1927, Berman voluntarily returned to California, and was released on his own recognizance. Thereafter from time to time he appeared as directed by the court, and on the tenth day of September, 1929, the case was placed off calendar to be restored on notice of ten days. It appears that on September 11, 1928, the case was set for trial, and bail was fixed at $10,000. This bail was exonerated when the…