Mattson

Mattson v. Biscailuz

Good Law
167 Cal. App. 2d 405·1959 Cal. App. LEXIS 2348·334 P.2d 593
Court of Appeal of CaliforniaJanuary 28, 1959Civ. No. 9562California686 words

Opinion

Lead Opinion

Warne, J.

This is an appeal from an order denying appellant’s “petition for an order to vacate, nullify and void” a warrant of arrest issued hy a magistrate of the City of New York, New York, by virtue of which a hold has been placed against appellant by the Police Department of New York City. The appeal comes before this court on a judgment roll only.

The petition was filed in propria persona by appellant, who is serving a term in Folsom prison, apparently for issuing worthless checks. Appellant does not seek to set aside the judgment of conviction for which he is now imprisoned, although he alleges that it was obtained by perjured testimony and that an appeal therefrom is pending. It is alleged in his petition that since issuance of the New York warrant in 1955 appellant has been held thereunder in many states, but that he was acquitted in Kentucky of the charges and that for this reason those same charges were dismissed by the Municipal Court of Los Angeles; that despite that fact the sheriff of the county of Los Angeles, who is one of the “defendants” named herein, placed a “renewal” on the New York warrant which had theretofore expired. Thereafter the municipal court made the notation…

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