In Re Application of Staley

California Court of Appeal Jan 7, 1927 No. Docket No. 1466.Published

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Holding. The court denied the application for a writ because the additional matters presented in the petition could not be proven without considering evidence from the recorder's court trial, which is impermissible in this proceeding.

Issues

Whether evidence from a prior trial in the recorder's court may be considered in an application for a writ.

Disposition. Denied

Quotations verified verbatim against the opinion

“The additional matters set forth in the petition herein could not be proved without referring to the evidence received in the trial before the recorder's court. But such evidence may not be considered in this proceeding.”

“The application for a writ is denied.”

THE COURT.

[1] This application is not materially different from Criminal No. 1464, wherein C.A. Stice made a similar application on behalf of Craniczny. The additional matters set forth in the petition herein could not be proved without referring to the evidence received in the trial before the recorder's court. But such evidence may not be considered in this proceeding. (In reKaster, 52 Cal.App. 454 [198 P. 1029]; In re Kaster,185 Cal. 647 [198 P. 1031].) The application for a writ is denied.

In Re Application of Staley

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THE COURT.

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