In re Staley

California Court of Appeal Jan 7, 1927 No. Crim. No. 1466Published

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Holding. The court denied the application for a writ because the additional matters alleged in the petition could not be proven without considering evidence from the recorder's court trial, which is impermissible in this proceeding.

Issues

Whether evidence from a prior trial in the recorder's court may be considered in the current writ proceeding.

Disposition. Denied

Quotations verified verbatim against the opinion

“But such evidence may not be considered in this proceeding.”

“The application for a writ is denied.”

THE COURT. This application is not materially different from Criminal No. 1464, wherein C. A. Stice made a similar application on behalf of Craniczny. The additional matters set forth in the petition herein could not be proved without referring to the evidence received in the trial before the recorder’s court. But such evidence may not be considered in this proceeding. (In re Kaster, 52 Cal. App. 454 [198 Pac. 1029]; In re Kaster, 185 Cal. 647 [198 Pac. 1031].) The application for a writ is denied.

In re Staley

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