In Re Myers

Petitioner here, claiming that he is “unlawfully imprisoned, detained, confined, and restrained of his liberty by the sheriff of Los Angeles County,” aslcs this court that a writ of habeas corpus may be granted, directed to said sheriff, restoring petitioner to his liberty, etc.

It is alleged that said imprisonment, etc., is illegal, in that “no complaint has been filed in the superior court of the state of California, in and for the county of Los Angeles, charging this petitioner with any criminal offense or crime,” and that he “was ordered and committed into the custody of the sheriff of Los Angeles County ... by the Honorable Grant Jackson, Judge of the superior court, . . . which commitment is dated February 6, 1920, . . . and is based on the following testimony of B. Myers, who was called as a witness on behalf of the plaintiff in the case of A. L. Gore, Plaintiff, v. B. Myers, Defendant.” (Here follows copy of transcript of the testimony referred to.) The sheriff, in his return, showed, among other things, that “said B. Myers . . . was committed to my custody by virtue of a commitment issued by the Honorable Judge of the superior court of the county of Los Angeles, a copy…