Home/California Supreme Court/Ex parte Fenton

Ex parte Fenton

19 P. 267, 77 Cal. 183, 1888 Cal. LEXIS 657
CourtCalifornia Supreme Court
DecidedOctober 3, 1888
DocketNo. 20471
StatusPublished
Cited by17 cases

This text of 19 P. 267 (Ex parte Fenton) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex parte Fenton, 19 P. 267, 77 Cal. 183, 1888 Cal. LEXIS 657 (Cal. 1888).

Opinion

The Court.

The record in this case and the agreed statement upon which it is submitted, taken together, show sufficient cause for issuing the warrant under which defendant is held.

[184]*184The fact that defendant had been previously arrested on the same charge, examined before a magistrate, and discharged, is not a bar to a second arrest and examination.

A person cannot be said to have been once in jeopardy until he is put upon trial before a court of competent jurisdiction, upon indictment or information which is sufficient in form and substance to sustain a conviction, and a jury has been charged with his deliverance.

The writ is discharged, and the defendant remanded to the custody of the sheriff.

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Cite This Page — Counsel Stack

Bluebook (online)
19 P. 267, 77 Cal. 183, 1888 Cal. LEXIS 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-fenton-cal-1888.