From Casetext: Smarter Legal Research

In re Murphy

Supreme Court of California,In Bank
Mar 11, 1909
155 Cal. 322 (Cal. 1909)

Opinion

Crim. No. 1484.

March 11, 1909.

APPLICATION for a Writ of Habeas Corpus to the Marshal of the City of South Pasadena.

The facts are stated in the opinion of the district court of appeal for the second appellate district in the case of Ex parte Murphy, 8 Cal.App. 440.

H.C. Milsap, and Edward W. Rice, for Petitioner.

John E. Carson, City Attorney of the City of South Pasadena, for Respondent.


The facts in this case are fully stated in an opinion of the district court of appeal for the second appellate district, filed in denying petitioner's application for a writ of habeas corpus. (See 8 Cal.App. 440, [ 97 P. 199].) Our investigations have satisfied us that such opinion correctly states the law applicable on the various claims made by petitioner against the validity of the municipal ordinance for a violation of which he is being prosecuted, and it is unnecessary for us to add thereto in disposing of this proceeding.

The writ of habeas corpus heretofore issued is discharged, and the petitioner remanded to the custody of the city marshal of South Pasadena.


Summaries of

In re Murphy

Supreme Court of California,In Bank
Mar 11, 1909
155 Cal. 322 (Cal. 1909)
Case details for

In re Murphy

Case Details

Full title:In Re J.L. MURPHY, on Habeas Corpus

Court:Supreme Court of California,In Bank

Date published: Mar 11, 1909

Citations

155 Cal. 322 (Cal. 1909)
100 P. 1134

Citing Cases

Murphy v. California

The ordinance of South Pasadena, California, passed in pursuance of police power conferred by the general law…

In re West

[10] Moreover, it is not to be assumed that the council or officer, in exercising the dispensing power, will…