In re Forrest

California Court of Appeal May 31, 1955 No. Crim. No. 3149Published

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Holding. The court held that the petitioner is lawfully incarcerated due to a parole suspension order issued by the Adult Authority of the State of California. Consequently, the court discharged the writ of habeas corpus and remanded the petitioner to custody.

Issues

Whether the petitioner is being lawfully incarcerated following the suspension of his parole by the Adult Authority.

Disposition. Writ discharged and petitioner remanded to custody.

Quotations verified verbatim against the opinion

“it is the unanimous opinion of this court that the writ of habeas corpus be discharged and petitioner be remanded to the custody of the Chief of Police of the City and County of San Francisco.”

THE COURT. It appearing from the return filed by the attorney general that petitioner is lawfully incarcerated by reason of an order made by the Adult Authority of the State of California suspending the parole of petitioner, it is the unanimous opinion of this court that the writ of habeas corpus be discharged and petitioner be remanded to the custody of the Chief of Police of the City and County of San Francisco. Copies of the transcript of the hearing in the lower court, filed in this court this date, may be returned to petitioner.

It is so ordered.

In re Forrest

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