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In re Application of Smith

Supreme Court of California,In Bank
Oct 17, 1911
161 Cal. 208 (Cal. 1911)

Opinion

Crim. No. 1691.

October 17, 1911.

APPLICATION for a Writ of Habeas Corpus directed to the Warden of the State Prison at Folsom.

The facts are stated in the opinion of the court.

John Smith, Petitioner in pro. per.


Habeas corpus.

The petitioner is detained by the warden of Folsom prison under a commitment showing his conviction of the crime of robbery. He claims that his detention is unlawful for reasons affecting the judgment of the superior court. His petition, framed by himself, is very meager, but shows with sufficient certainty that he is the same John Smith who was convicted of robbery in June, 1906, in the superior court of San Francisco, and whose conviction was affirmed by the district court of appeal in October, 1908. ( 9 Cal.App. 224, [ 98 P. 546].) Every ground of his present petition was reviewable on that appeal, but they were not mentioned in the decision, and they cannot now be urged in a collateral attack upon the judgment.

Writ denied.


Summaries of

In re Application of Smith

Supreme Court of California,In Bank
Oct 17, 1911
161 Cal. 208 (Cal. 1911)
Case details for

In re Application of Smith

Case Details

Full title:In the Matter of the Application of JOHN SMITH for a Writ of Habeas Corpus

Court:Supreme Court of California,In Bank

Date published: Oct 17, 1911

Citations

161 Cal. 208 (Cal. 1911)
118 P. 710

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