Ex parte Thomas

California Supreme Court

Ex parte Thomas

37 P. 514, 103 Cal. 497, 1894 Cal. LEXIS 807

CourtCalifornia Supreme Court

DecidedAugust 4, 1894

DocketNo. 21157

StatusPublished

Cited by6 cases

This text of 37 P. 514 (Ex parte Thomas) 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 Thomas, 37 P. 514, 103 Cal. 497, 1894 Cal. LEXIS 807 (Cal. 1894).

Pincite

Opinion

The Court.

The return to the writ of habeas corpus issued herein shows that the petitioner was convicted in the police court of the city and county of San Francisco of the crime of adultery, and thereupon sentenced to be imprisoned in the county jail for one year, and that he is now held in custody under commitment based upon said judgment.

The judgment is void. Adultery is not made a crime by any statute of California. It is the living together in open and notorious cohabitation and adultery that is made criminal by the statute (Stats. 1871-72, p. 380), and it has been rightly held that mere adultery without the notorious cohabitation does not constitute the offense. (People v. Gates, 46 Cal. 52.)

The judgment being void the imprisonment is necessarily unlawful, and the prisoner must be discharged. It is so ordered.

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The Court.

The return to the writ of habeas corpus issued herein shows that the petitioner was convicted in the police court of the city and county of San Francisco of the crime of adultery, and thereupon sentenced to be imprisoned in the county jail for one year, and that he is now held in custody under commitment based upon said judgment.

The judgment is void. Adultery is not made a crime by any statute of California. It is the living together in open and notorious cohabitation and adultery that is made criminal by the statute (Stats. 1871-72, p. 380), and it has been rightly held that mere adultery without the notorious cohabitation does not constitute the offense. (People v. Gates, 46 Cal. 52.)

The judgment being void the imprisonment is necessarily unlawful, and the prisoner must be discharged. It is so ordered.

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Bluebook (online)

37 P. 514, 103 Cal. 497, 1894 Cal. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-thomas-cal-1894.

Opinion

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