Ex parte Strong
This text of 31 P. 574 (Ex parte Strong) 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.
Opinion
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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Cite This Page — Counsel Stack
31 P. 574, 3 Cal. Unrep. 706, 1892 Cal. LEXIS 1056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-strong-cal-1892.