In re Kostriken

California Court of Appeal

In re Kostriken

34 Cal. App. 489

CourtCalifornia Court of Appeal

DecidedAugust 28, 1917

DocketCrim. No. 703

StatusPublished

This text of 34 Cal. App. 489 (In re Kostriken) 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

In re Kostriken, 34 Cal. App. 489 (Cal. Ct. App. 1917).

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Opinion

THE COURT.

Upon this hearing for a writ of habeas corpus the return to the writ previously issued shows that the petitioner was charged with and held to answer for the crime of rape upon evidence which in part shows that at the time of the alleged commission of the offense the prosecutrix, a minor under the age of fifteen years, was the wife of the petitioner; the return further shows that the complaint filed with the committing magistrate does not allege that the prosecutrix was not the wife of the petitioner at the time of the commission of the alleged rape. • It follows that neither the complaint nor the evidence show the commission of an offense against the penal laws of the state; therefore the writ is granted and the petitioner ordered discharged from custody.

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THE COURT.

Upon this hearing for a writ of habeas corpus the return to the writ previously issued shows that the petitioner was charged with and held to answer for the crime of rape upon evidence which in part shows that at the time of the alleged commission of the offense the prosecutrix, a minor under the age of fifteen years, was the wife of the petitioner; the return further shows that the complaint filed with the committing magistrate does not allege that the prosecutrix was not the wife of the petitioner at the time of the commission of the alleged rape. • It follows that neither the complaint nor the evidence show the commission of an offense against the penal laws of the state; therefore the writ is granted and the petitioner ordered discharged from custody.

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Bluebook (online)

34 Cal. App. 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kostriken-calctapp-1917.