In re Cinnamond

California Court of Appeal Dec 7, 1931 No. Crim. No. 1647Published

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Holding. The court denied the petition for a writ of habeas corpus because the petitioner failed to provide the record of the trial court proceedings. In the absence of such a record, the court presumes the trial court acted within its jurisdiction.

Issues

Whether a petition for a writ of habeas corpus is sufficient without the underlying trial court record.

Disposition. Denied

Quotations verified verbatim against the opinion

“Application denied for the reason that the petitioner had failed to attach to his petition any of the record upon which the trial court acted.”

“It will be presumed, in the absence of any showing to the contrary, that the court acted within its jurisdiction with due regard to the parties.”

THE COURT. Petition for writ of habeas corpus. Application denied for the reason that the petitioner had failed to attach to his petition any of the record upon which the trial court acted. It will be presumed, in the absence of any showing to the contrary, that the court acted within its jurisdiction with due regard to the parties. (Goodrich v. Superior Court, 92 Cal. App. 695 [268 Pac. 669]; Brune v. Superior Court, 113 Cal. App. 21 [297 Pac. 566].)

In re Cinnamond

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