Ex Parte Sauer

California Court of Appeal

Ex Parte Sauer

84 P. 995, 3 Cal. App. 237, 1906 Cal. App. LEXIS 171

CourtCalifornia Court of Appeal

DecidedMarch 13, 1906

DocketCrim. No. 29.

StatusPublished

Cited by2 cases

This text of 84 P. 995 (Ex Parte Sauer) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Sauer, 84 P. 995, 3 Cal. App. 237, 1906 Cal. App. LEXIS 171 (Cal. Ct. App. 1906).

Pincite

Opinion

The COURT.

This is a petition of Charles F. Sauer for a writ of habeas corpus to John W. Tobin, state agent of Texas, by whom it is alleged that Marguerite Sauer is unlawfully restrained of her liberty.,

The majority of the court is of the opinion that the prisoner is in the lawful custody of Tobin, the state agent of Texas, under a warrant for her extradition duly issued by the governor of this state, and that she ought not to be discharged. Mr. Justice Smith dissents, for the reason that the certificate of the clerk to the so-called indictment attached to the governor’s warrant is invalid for any purpose for lack of due authentication by the seal of the court, and that this defect is not supplied by the certificate of the governor. The court is, therefore, unable to concur in a judgment, either for remanding the prisoner or discharging her, but is of the opinion, on the authority of the decision in the case of Ex parte Oates, 2 Cal. App. xiii, [83 Pac. 261], that under article VI, section 4, of the constitution, the writ must be regarded as denied, and it is so ordered.

It is further ordered that upon the return of the prisoner to the custody of the state agent of Texas, or upon his resumption of her custody, the order for bail pending the proceedings be discharged, and the money deposited by her in lieu of bail be returned to her by the clerk of this court.

Free access — add to your briefcase to read the full text and ask questions with AI

The COURT.

This is a petition of Charles F. Sauer for a writ of habeas corpus to John W. Tobin, state agent of Texas, by whom it is alleged that Marguerite Sauer is unlawfully restrained of her liberty.,

The majority of the court is of the opinion that the prisoner is in the lawful custody of Tobin, the state agent of Texas, under a warrant for her extradition duly issued by the governor of this state, and that she ought not to be discharged. Mr. Justice Smith dissents, for the reason that the certificate of the clerk to the so-called indictment attached to the governor’s warrant is invalid for any purpose for lack of due authentication by the seal of the court, and that this defect is not supplied by the certificate of the governor. The court is, therefore, unable to concur in a judgment, either for remanding the prisoner or discharging her, but is of the opinion, on the authority of the decision in the case of Ex parte Oates, 2 Cal. App. xiii, [83 Pac. 261], that under article VI, section 4, of the constitution, the writ must be regarded as denied, and it is so ordered.

It is further ordered that upon the return of the prisoner to the custody of the state agent of Texas, or upon his resumption of her custody, the order for bail pending the proceedings be discharged, and the money deposited by her in lieu of bail be returned to her by the clerk of this court.

Cite This Page — Counsel Stack

Bluebook (online)

84 P. 995, 3 Cal. App. 237, 1906 Cal. App. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-sauer-calctapp-1906.

Opinion

Related

Cite This Page — Counsel Stack