Ex Parte Watts

California Court of Appeal Nov 9, 1908 No. Crim. No. 111.Published

Before: THE COURT. —

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Holding. The court ordered the defendant's discharge because the record lacked the required deposition under section 702 of the Penal Code and failed to provide evidence warranting a commitment.

Issues

Whether the record contains a deposition as required by section 702 of the Penal Code.
Whether the record warrants the issuance of a commitment.

Disposition. Ordered that the defendant be discharged.

Quotations verified verbatim against the opinion

“the court upon an examination of the record being satisfied that no deposition as required by section 702 of the Penal Code was taken and filed by the magistrate”

“nothing appearing from the record warranting the issuance of a commitment”

The district attorney, having recommended to the court that the prayer of the petition be granted, and the court upon an examination of the record being satisfied that no deposition as required by section 702 of the Penal Code was taken and filed by the magistrate, and, further, that nothing appearing from the record warranting the issuance of a commitment, it is ordered that the defendant be discharged.

Ex Parte Watts

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