In Re Jacobs

California Supreme Court Aug 1, 1917 No. Crim. No. 2103.Published

Before: THE COURT.

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Holding. The court held that a challenge to the sufficiency of evidence supporting a criminal conviction cannot be raised through a petition for habeas corpus, as the proper remedy is an appeal.

Issues

Whether insufficiency of evidence to warrant a conviction can be considered on habeas corpus.
Whether Penal Code section 1487, subdivision 7, applies to a conviction after trial.

Disposition. Denied

Quotations verified verbatim against the opinion

“The question of insufficiency of evidence to warrant conviction cannot be considered on habeas corpus.”

“If the evidence adduced on the trial was not sufficient to show the guilt of the prisoner of that charge, his remedy was by appeal.”

No good cause for the issuance of a writ appears. The question of insufficiency of evidence to warrant conviction cannot be considered on habeas corpus. Subdivision 7 of section1487 of the Penal Code, authorizing a discharge on habeascorpus "where a party has been committed on a criminal charge without reasonable or probable cause," is applicable only where a person has been committed for trial by a magistrate without reasonable or probable cause. The complaint in the police court sufficiently stated facts constituting the offense of petit larceny (Pen. Code, secs. 484 and 488). The words "by trick and device" do not impair their effect in this regard. The judgment shows a conviction of the crime of petit larceny. If the evidence adduced on the trial was not sufficient to show the guilt of the prisoner of that charge, his remedy was by appeal.

The application for a writ of habeas corpus is denied.

In Re Jacobs

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