Ex parte Strong

California Supreme Court

Ex parte Strong

31 P. 574, 3 Cal. Unrep. 706, 1892 Cal. LEXIS 1056

California Supreme Court·Decided December 12, 1892·No. No. 15,255·Published·Cited by 3 cases

Opinion

PER CURIAM.

This is an application for a writ of habeas corpus based upon the following allegations: The petitioner was accused by information filed September 8, 1892, of the crime of assault with a deadly weapon. More than ninety days have since elapsed, but he has not been brought to trial. He has made no application for a postponement, and there is no excuse for the delay. He has asked the superior court in which the accusation is pending to order the prosecution to be dismissed, and that motion has been denied. These allegations, if true, show that it was the duty of the superior court to dismiss the prosecution (Pen. Code, sec. 1382) ; but until the information is dismissed the imprisonment is lawful. Writ denied.

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PER CURIAM.

This is an application for a writ of habeas corpus based upon the following allegations: The petitioner was accused by information filed September 8, 1892, of the crime of assault with a deadly weapon. More than ninety days have since elapsed, but he has not been brought to trial. He has made no application for a postponement, and there is no excuse for the delay. He has asked the superior court in which the accusation is pending to order the prosecution to be dismissed, and that motion has been denied. These allegations, if true, show that it was the duty of the superior court to dismiss the prosecution (Pen. Code, sec. 1382) ; but until the information is dismissed the imprisonment is lawful. Writ denied.

Ex parte Strong, 31 P. 574, 3 Cal. Unrep. 706, 1892 Cal. LEXIS 1056 (Cal. 1892).

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Opinion

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