In re Boches ex rel. Macidon

On January 31, 1966, a petition for a writ of

habeas corpus was filed on behalf of Andre Macidon, sometimes referred to as Andre Macedón, a minor, by one of his attorneys at the request of the minor and his mother. The petition sought the release of the minor from detention which had been ordered pending a hearing in the juvenile court on charges which had been filed against him. The issues raised by the petition and the facts bearing thereon as revealed *602 by the declarations filed in support of the petition, the transcript of the proceedings at the detention hearing, and the return filed on behalf of the respondent probation officer are herein discussed:

It is uncontroverted that on July 8, 1965, the judge presiding in the juvenile court issued a memorandum to the chief probation officer in which he ordered that a detention hearing be held on every juvenile charged with a felony regardless of whether the juvenile was in custody or had been released.

The following day the chief probation officer in writing directed his supervising probation officers to comply with this directive.

The police report of the incident of December 17, 1965, a copy of which is incorporated in…