Ex parte Keil

Beatty, C. J. The petitioner in the above-entitled case has been committed on charges of kidnaping and assault with a deadly weapon. He seeks to be discharged on habeas corpus, upon the grounds that the warrant of commitment is defective in substance, and that the evidence contained in the depositions shows that he was not guilty of the offense of kidnaping, but, at most, of a false imprisonment.

1. The commitments are defective in form in failing to show the name of the party assaulted and imprisoned; but this defect does not entitle the prisoner to be discharged. (Pen. Code, sec. 1488; Ex parte Bull, 42 Cal. 199.)

Besides, a proper order for holding the petitioner to answer was in every instance indorsed on the depositions by the committing magistrate, and he could at any time amend the warrants of commitment so as to make them fully and formally descriptive of the offense proved** the depositions. (Ex parte Branigan, 19 Cal. 133.)

2. The depositions show that the petitioner and others, about midnight of the 26tb of February, 1890, 4ent aboard of a schooner moored at the wharf in San Peidro, in the county of Los Angeles, and by threats, display of pistols, and actual force unlawfully removed two- s/ailors, Bush and Kemp, from the vessel, and conveyed tfiem in an open boat to the island of Santa Catalina^¡yljiiere they were detained for several days, and until theyN^ere released by the sheriff of Los Angeles.

Kidnaping is thus defined by section 207 of the nal Code: “ Every person who forcibly steals, takes [311]arrests any person in this state, and carries him into another country, state, or county, or who forcibly takes or arrests any person, with a design to take him out of this state, without having established a claim according to the laws of the United States or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purposes and with the intent to sell such person into slavery or involuntary servitude, or otherwise to employ him for his own use, or to the use of another, without the free will and consent of such persuaded person, is guilty of kidnaping.”

Santa Catalina Island is a part of the county of Los Angeles, and there is no evidence in the depositions that the petitioner took or intended to take Bush and Kemp into any other country, state, or county. Petitioner was not guilty of kidnaping, therefore, unless he had the " design to take them out of this state,” within the meaning of the section above quoted. Whether he had such design or not depends upon whether the channel twenty miles wide between Santa Catalina Island and the mainland is, in the sense of the statute, out of the state.