84 P. 833 | Cal. | 1906
This is a petition by H.H. McCloskey, on behalf of Frank Ballard, for the latter's discharge on habeas corpus from the custody of the sheriff of the city and county of San Francisco. His claim to be discharged is based on the provision of section
1. It has been determined that when there is an appeal from a judgment, and also from an order denying a motion for a new trial, the judgment reversing the order is in effect the ordering of a new trial, and in such case section
2. It is observed that section
The said Ballard is remanded to the custody of the sheriff, and this writ is discharged.
Beatty, C.J., Shaw, J., Angellotti, J., Henshaw, J., Lorigan, J., and Sloss, J., concurred. *117