In Re Christal

Good Law
141 Cal. 523·1904 Cal. LEXIS 1010·75 P. 103
Supreme Court of CaliforniaJanuary 6, 1904Crim. No. 1038.California350 words

Opinion

Lead Opinion

Shaw, J.

This is an application by J. F. Christal, father of Leo J. Christal, for a writ of habeas corpus, to compel the respondents R. F. Johnson, and his wife, Teresa Johnson, the aunt of Leo J. Christal, to produce the body of said Leo J. Christal. The petition was filed on the twenty-eighth day of May, 1903. Respondents make return that said Leo J. Christal, on about the seventh day of May, 1903, of his own volition, went to Honolulu, and there remains, living with his sister, Anita Christal, and that he is not within their custody or control.

Upon the hearing the respondent R. F. Johnson was cross-examined with reference to the facts stated in the return. Thereupon it appeared that the boy, being fifteen years of age, in February last resided in Santa Cruz with his father; that at that time he voluntarily left his home, owing to some quarrel with his father, and went to the residence of the respondents in Monterey County, and there remained with them until May 6th, not at their solicitation or procurement, but of his own free will; that he declared that he would never return to his father, but would rather throw himself into the bay, or become a tramp; that his sister, who is now in…

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