In re Finn

Charles C. Finn petitions for a writ of habeas corpus on behalf of his brother George C. Finn, claiming that George is illegally detained by the chief of police of the city of Los Angeles following George’s convictions by a jury of three violations of the Vehicle Code.

George, hereinafter designated the defendant, was arrested by peace officers on May 19, 1958, and charged with violations of the Vehicle Code, sections 237, subdivision (a) (registration not properly displayed), 619 (one headlight out) and 621, subdivision (b) (no illumination of license plate). At the time of the arrest one of the arresting officers was driving a police vehicle which had no light illuminating its license plate, and another officer was driving a police vehicle which did not display a registration in the driver’s compartment. The defendant thereupon asserted that he was making a citizen’s arrest of those officers but was ignored both at the scene of the violations and at police headquarters where George was taken when he refused to sign the citations. (See Veh. Code, § 736.)

The defendant, upon arraignment, pleaded not guilty and demanded a jury trial as to each of the three counts. On four…