31 Cal. 497, Ex parte Dobson

Citation:31 Cal. 497
Opinion Judge:RHODES, Judge
Party Name:Ex parte DOBSON
Attorney:S. S. Holl, for Petitioner. J. G. McCullough, Attorney-General, against the discharge.
Judge Panel:JUDGES: Rhodes, J. Mr. Justice Sanderson delivered the following concurring opinion, in which Mr. Justice Shafter concurred. SANDERSON
Case Date:January 01, 1867
Court:Supreme Court of California
 
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Page 497

31 Cal. 497

Ex parte DOBSON

Supreme Court of California

January, 1867

Page 498

The petitioner, who was detained in the State Prison, applied to the Supreme Court to be discharged on habeas corpus. The Warden of the Prison returned that he detained the petitioner by the virtue of the following commitment:

" State of California,)

" County of Calaveras.)

" To the Sheriff of Calaveras County: At the October Term of the Court of Sessions in and for the County of Calaveras aforesaid, held at Mokelumne Hill, in said county, on the 5th day of December, A. D. 1859, Hon. Wm. Porter, County Judge, Wesley K. Boncher, Associate Judge, Wm. Tait. Associate Judge, J. H. Dobson was brought before said Court, charged with the crime of mayhem, and indicted by the Grand Jury of said county at said October Term, on the 5th day of December, A. D. 1859, for the crime of mayhem, which crime was committed on the 13th day of November, A. D. 1859, or thereabouts, and the said J. H. Dobson having been tried by a jury on the 9th day of December, A. D. 1859, and a verdict rendered of guilty of the crime of mayhem, as charged in the indictment against the said J. H. Dobson, and the Court having rendered the following judgment on the 10th day of December, A. D. 1859, to wit: that the said J. H. Dobson be taken by the Sheriff of Calaveras County to the State Prison for the State of California, and there be confined for the period of ten years;

" Therefore, the people of the State of California command you to carry the said J. H. Dobson to the State Prison of the State of California, the Keeper whereof is hereby required to keep him in safe custody in the said State Prison until the judgment so rendered be satisfied or he be discharged by due course of law.

" Witness my hand and the seal of said Court, at my office, in the Town of Mokelumne Hill, this 10th day of December, 1859.

[l. s.] (Signed,)

" Wm. H. Hanford, Clerk.

" By A. W. Genung, Deputy."

COUNSEL:

S. S. Holl, for Petitioner.

J. G. McCullough, Attorney-General, against the discharge.

JUDGES: Rhodes, J. Mr. Justice Sanderson delivered the following concurring opinion, in which Mr. Justice Shafter concurred.

OPINION

RHODES, Judge

Page 499

It is provided by section four hundred and sixty-three of the Criminal Practice Act that " when a...

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