255 P. 200 | Cal. Ct. App. | 1927
The petition recites that Louis Babbick is unlawfully detained in the state prison at San Quentin by the warden thereof. [1]
Proceeding it alleges that on or *173
about May 21, 1926, the district attorney of Los Angeles County filed an information in the superior court of said county charging petitioner in one count thereof with a violation of the provisions of section
Claim is also made that the minutes of the court fail to show that the jury was sworn to try defendant. The return to the petition shows that the minutes of the trial court have been corrected to speak the truth. As corrected, it appears therefrom that it was the second count of the information that was dismissed and not the first. It further appears that the jury was duly sworn to try the case.
It follows that the writ should be and it is hereby discharged.
Knight, J., and Cashin, J., concurred. *174