Ex parte Goldman

The petitioner was indicted by the grand jury of the county of Merced for the crime of “being an accessory to the commission of a felony.” The particular circumstances of the offense charged are set forth in the indictment as follows: “That said Edward Goldman on or about the 20th day of January, A. D. nineteen hundred and six, .... (after and with full knowledge that one Ross Dunn theretofore at, and in said county of Merced, and on or about the 18th day of January, A. D. 1906, had willfully, unlawfully, and feloniously taken, stolen, and carried away from the freight depot of the Southern Pacific Company in the city of Merced, ten sacks of alfalfa seed of the value of $227.50; .... and said alfalfa seed being at the time it was so taken, stolen, and carried away the personal property of one W. C. Dallas) did willfully, unlawfully, and feloniously conceal the property stolen as aforesaid, and did conceal from the magistrate the commission by said Ross Dunn of said felony. ’ ’

It is contended in behalf of the petitioner that the indictment does not charge a public offense, and hence that his imprisonment is unlawful. In answer to this contention it is argued (1) that habeas…