Ex parte Conner (1906) · DecisionDepot

Ex parte Conner

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

California Court of Appeal Mar 14, 1906 No. Crim. No. 28Published

Before: Smith

AI Brief

AI-generated · verify before citing

Holding. The court held that a warrant for peace bond proceedings is invalid when the justice fails to take the informer's deposition and the verified information lacks the necessary facts to justify the warrant's issuance.

Issues

Whether a warrant for a peace bond is valid without the informer's deposition and sufficient verified facts.

Disposition. Prisoner discharged

Quotations verified verbatim against the opinion

“The deposition of the informer was not taken by the justice before issuing the warrant, nor do we think the written information verified by her shows the facts necessary to justify the issue of the warrant.”

“We are of the opinion, therefore, that the prisoner must be discharged; and it is so ordered.”

Synopsis

Criminal Law—Order to Keep the Peace—Imprisonment in Default of Bond—Habeas Corpus.—A prisoner who had been arrested under a warrant issued by a justice of the peace, on an information that he had threatened to commit an offense against the person of another, and on being brought before the justice was ordered to give a bond to keep the peace, and in case of failure, to be imprisoned in the county jail for a period not to exceed six months, and who was committed to the custody of the sheriff upon his failure to give such bond, is entitled to be discharged on habeas corpus, if the deposition of the informer was not taken by the justice before issuing the warrant, and the information fails to show facts justifying its issuance.

SMITH, J. The prisoner was arrested under a warrant issued by a justice on the information of Clemenia T. Hill, that he had threatened to commit an offense against the person of another, and on being brought before the justice was ordered to give bond in the sum of $500 to the people of the state to keep the peace, etc., and in case of failure, to be imprisoned in the county jail for a period not to exceed six months; and, having failed to give the bond, he is now in custody of the sheriff under a warrant of commitment, to be held until the bond shall be given, or'until the expiration of the six months referred to. The deposition of the informer was not taken by the justice before issuing the warrant, nor do we think the written information verified by her shows the facts necessary to justify the issue of the warrant.

[242]We are of the opinion, therefore, that the prisoner must be discharged; and it is so ordered.

Gray, P. J., and Allen, J., concurred.

Ex parte Conner

AI Brief

Synopsis

More from California Court of Appeal

Related research

AI Brief