In re Hennessy

California Court of Appeal Jan 28, 1933 No. Crim. No. 1718Published

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Holding. The court held that the petitioner's detention is lawful under the Penal Code pending the arrival of the demanding state's authorities, despite claims that the underlying complaint is void.

Issues

Whether the petitioner is being held illegally due to an allegedly void complaint and lack of probable cause.

Disposition. Denied

Quotations verified verbatim against the opinion

“Sections 1548-1551 of the Penal Code authorize the holding of petitioner pending the arrival of the sheriff from the state of New York.”

“There is no merit in the petition.”

THE COURT. Petition for writ of habeas corpus.

It appears therefrom that petitioner is being held on a statutory complaint which charges him with a felony, to wit, grand larceny, committed in the state of New York, and that thereafter petitioner fled from said state and is now a fugitive from justice. It is here claimed in support of the writ that petitioner is held illegally, for the reason that the complaint is void on its face, and petitioner is held without reasonable or probable cause. There is no merit in the petition. Sections 1548-1551 of the Penal Code authorize the holding of petitioner pending the arrival of the sheriff from the state of New York.

The application is denied.

In re Hennessy

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