Matter of Application of Vaughan

California Supreme Court Feb 26, 1915 No. Crim. No. 1920.Published

Before: ANGELLOTTI, C.J.

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Holding. The court held that a habeas corpus petition is insufficient when the underlying criminal complaint is facially valid and not based on information and belief. The court further held that habeas corpus cannot be used to challenge the complainant's actual knowledge of the facts sworn to in the complaint.

Issues

Whether a criminal complaint not based on information and belief is sufficient to authorize an arrest warrant.
Whether habeas corpus may be used to challenge the complainant's actual knowledge of facts sworn to in a complaint.

Disposition. Application denied

Quotations verified verbatim against the opinion

“The petition for writ of habeas corpus states no sufficient ground for the issuance of such a writ.”

“Habeascorpus will not lie to inquire into the question whether the complainant had actual knowledge of the matters as to which he swore positively in such a complaint.”

Petition for writ of habeas corpus, addressed to the Chief Justice.

The petition for writ of habeas corpus states no sufficient ground for the issuance of such a writ. The complaint against petitioner by which the proceeding under which he is held in custody by the sheriff of Sonoma County was instituted, does not purport to have been made on information and belief, and was sufficient to authorize issuance of the warrant of arrest. Habeascorpus will not lie to inquire into the question whether the complainant had actual knowledge of the matters as to which he swore positively in such a complaint.

Application for writ denied.

Matter of Application of Vaughan

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