In Re Harron

In Re Application of Harron

Good Law
191 Cal. 457·1923 Cal. LEXIS 473·217 P. 728
Supreme Court of CaliforniaJuly 6, 1923Crim. No. 2520.California4,409 words

Opinion

Lead Opinion

Lawlor, J.

Upon the verified application of petitioner a writ of habeas corpus was ordered to issue to Honorable J. J. Keating, sheriff of the county of Marin, commanding him to produce petitioner before this court. According to the allegations of said application petitioner was unlawfully imprisoned and restrained in the county jail of said county by respondent, the said sheriff, “under and by virtue of a pretended warrant of commitment issued on the 26th day of October, 1922, by the Honorable Herbert de la Montanya, Judge of the Justice’s Court of the Township of San Rafael, County of Marin, State of California;” that on or about August 12, 1922, before the justice of the said court, Josephine Leah Harron, wife of petitioner, swore to a complaint charging petitioner with the crime of misdemeanor, to wit, battery; that petitioner was taken into custody under a warrant of arrest and brought before the said court; that the said complaint purports to be filed on “August 12, 1912/’ and in the charging part it is alleged that on the twelfth day of August (no year is stated) “ . . . the said Howard Harron, on the said day, in said county, did willfully and unlawfully use force and violence upon…

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