Opinion
Crim. No. 2608.
February 26, 1924.
APPLICATION for Writ of Habeas Corpus to discharge petitioner charged with illegally operating an employment agency. Writ granted.
The facts are stated in the opinion of In re Smith, ante, p. 337.
Fredericks Hanna and Charles W. Lyon for Petitioner.
Clark, Nichols Eltse and R. Clarence Ogden, Amici Curiae.
U.S. Webb, Attorney-General, Edwin W. Widney, Deputy Attorney-General, and J.M. Friedlander, City Prosecutor, for Respondent.
The principle of law which rules In re Smith, ante, p. 337 [ 223 P. 971], is decisive of the instant case. The facts of the two cases are so similar in material respects as to bring both within the same rule of law. [1] Upon the authority of Ex parte Smith the writ is granted and the petitioner is released from custody.