In re Lapique (1919) · DecisionDepot

In re Lapique

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Nov 14, 1919 No. Crim. No. 2276Published

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Holding. The court held that the sufficiency of evidence to warrant an indictment and the sufficiency of the indictment itself are not proper subjects of inquiry in a habeas corpus proceeding.

Issues

Whether the sufficiency of evidence to warrant an indictment may be challenged via habeas corpus.
Whether the sufficiency of an indictment may be examined via habeas corpus.

Disposition. Application for rehearing denied.

Quotations verified verbatim against the opinion

“Any question of insufficiency of evidence to warrant an indictment is not a proper subject of inquiry on habeas corpus”

“In so far as appears, the sufficiency of the indictment in this matter cannot be examined into on habeas corpus”

Synopsis

APPLICATION for a rehearing of a petition for a Writ of Habeas Corpus.

No opinion was rendered in denying original petition.

THE COURT. [1] Any question of insufficiency of evidence to warrant an indictment is not a proper subject of inquiry on habeas corpus (In re Kennedy, 144 Cal. 634, [103 Am. St. Rep. 117, 1 Ann. Cas. 840, 67 L. R. A. 406, 78 Pac. 34]).

In so far as appears, the sufficiency of the indictment in this matter cannot be examined into on habeas corpus (In re Ruef, 150 Cal. 665, [89 Pac. 605]).

The application for a rehearing is denied.

Angellotti, C. J., Lawlor, J., Wilbur, J., and Olney, J., concurred.

In re Lapique

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