220 P. 430 | Cal. Ct. App. | 1923
Application for writ of habeas corpus prayed to be directed against the sheriff of the city and county of San Francisco to secure the release of defendant from custody.
The petition recites that in violation of the constitution of the United States and of this state he is unlawfully detained and restrained of his liberty by said sheriff, who claims the right to his custody by virtue of a commitment issued out of the police court of San Francisco dated June 30, 1923, holding petitioner to answer for a felony, to wit, violating the provisions of section
It is first claimed that the case was set for trial beyond the sixty days provided for by section
The second point made is that section
[3] The allegation that petitioner uttered the check, taken in connection with the other allegations that the act was done with intent to defraud the company, and the further allegation that petitioner knew that he had not sufficient funds in or credit with the bank to meet the payment of the check, clearly states a public offense (People v. Russell,
In the case of People v. Walker,
The writ is denied.
St. Sure, J., concurred.