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In re Application of Burner

Court of Appeal of California, Second District
Jan 2, 1914
23 Cal.App. 637 (Cal. Ct. App. 1914)

Opinion

Crim. No. 319.

January 2, 1914.

APPLICATION for a Writ of Habeas Corpus on behalf of minor in custody under an order of the juvenile court.

The facts are stated in the opinion of the court.

So Relle Cruickshank, for Petitioner.

Shreve Shreve, for Respondents.


The petitioner, the father of Richard Watts Burner, applied for this writ on the ground that the respondents, the judge of the superior court of San Diego County, sitting as judge of the juvenile court, and the probation officer of the juvenile court, were detaining said minor child and restraining him of his liberty without any right or authority so to do. The return shows that said child is in the custody of the probation officer by virtue of a commitment issued out of said juvenile court which is based upon a petition praying that said child be taken into custody as a dependent child. No facts such as are required by the statute to constitute said child a dependent child are stated in the petition. The order was made without jurisdiction, and said Richard Watts Burner is hereby ordered to be discharged from the custody of such probation officer.


Summaries of

In re Application of Burner

Court of Appeal of California, Second District
Jan 2, 1914
23 Cal.App. 637 (Cal. Ct. App. 1914)
Case details for

In re Application of Burner

Case Details

Full title:In the Matter of the Application of RICHARD WATTS BURNER, a Minor, for a…

Court:Court of Appeal of California, Second District

Date published: Jan 2, 1914

Citations

23 Cal.App. 637 (Cal. Ct. App. 1914)
139 P. 90

Citing Cases

In re Crowley

In the Matter of the Application of Azhocar, 49 Cal.App. 352 [ 193 P. 505], where a commitment had been…

In re Orosco

The cases cited by petitioners do not hold otherwise. In re Lewis, 3 Cal.App. 738 [ 86 P. 996], In re…