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In re Martin

In the Matter of the Application of John Martin for a Writ of Habeas Corpus.

In re Martin, 197 P. 365 (Cal. Ct. App. 1921)
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Court
California Court of Appeal · State Appellate Courts
Decided
March 9, 1921
Docket
No. Crim. No. 976.
Judges
THE COURT. —
Citations
197 P. 36551 Cal. App. 7061921 Cal. App. LEXIS 698
Disposition
Writ denied.
Cited by 9
Headnotes
[1] Habeas Corpus—Plea of Once in Jeopardy—Remedy of Petitioner.—If a person is being prosecuted for an offense for which he was once in jeopardy, he may upon the trial of the ease plead such conviction and establish the identity of the eases by evidence, the burden being upon him, but he is not entitled to his release upon application for a writ of habeas corpus. [2] Id.—Claim of Excessive Bail—Application for Reduction—■ Necessity for.-—An application for a writ of habeas corpus upon the ground that the petitioner is being held to answer in the superior court on excessive bail will not be entertained by the appellate court, where it does not appear that he has made timely or any application to the superior court for a reduction of the amount.
Summary
1. Right to raise plea of former jeopardy in habeas corpus proceedings, note, 15 Ann, Gas, 327. APPLICATION for a Writ of Habeas Corpus. The facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

THE COURT.

This is an application in behalf of John Martin for writ of habeas corpus.

On reading the petition for the writ in the first instance the' court was of the opinion that an order for the writ should not issue, for the reason that it did not sufficiently appear from the facts stated that the petitioner was entitled to the relief sought. Permission was granted to file an amended petition, on filing and reading of which the court is of the opinion that the application should be denied.

Two points are presented for our consideration:

[1]

If it be true, as alleged, that petitioner is being again prosecuted for an offense for which he was once in jeopardy, he may upon the trial of his case plead such conviction and establish the identity of the cases by evidence, the burden being on him.

(People v. Faust, 113 Cal. 172,176 , [ 45 Pac. 261 ].)

[2]

Petitioner also contends that he is being held to answer in the superior court of the city and county of San Francisco on excessive bail. If this be true, it does not appear that he has made timely or any application to the court below for a reduction of the amount. Until he has done so and been denied any relief, we do not feel that this court is in a position to entertain an application for a writ of habeas corpus on that ground.

The writ is denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1922: 11930: 11939: 21941: 11954: 11956: 11960: 11967: 119222026peak 1939 · 2

Relies on it most ⓘ

  1. In re Chapman273 P.2d 817 (Cal. 1954)
  2. In re Brumback299 P.2d 217 (Cal. 1956)
  3. People v. Norman252 Cal. App. 2d 381 (1967)
  4. People ex rel. Rothensies v. Searles229 A.D. 603 (1930)
  5. People v. Vigghiany181 Cal. App. 2d 621 (1960)
  6. In re Clark109 P.2d 407 (Cal. Ct. App. 1941)

Most recent

  1. People v. Norman252 Cal. App. 2d 381 (1967)
  2. People v. Vigghiany181 Cal. App. 2d 621 (1960)
  3. In re Brumback299 P.2d 217 (Cal. 1956)
  4. In re Chapman273 P.2d 817 (Cal. 1954)
  5. In re Clark109 P.2d 407 (Cal. Ct. App. 1941)
  6. State v. Richardson30 Ohio Law. Abs. 179 (1939)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People v. Faust, 45 P. 261 (Cal. 1896) 18

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