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In re Application of Smith

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

In re Application of Smith, 118 P. 710 (Cal. 1911)
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Court
California Supreme Court · State Highest Courts
Decided
October 17, 1911
Docket
No. Crim. No. 1691.
Judges
THE COURT.
Citations
118 P. 710161 Cal. 2081911 Cal. LEXIS 415
Cited by 7

Opinion of the Court

Habeas corpus.

The petitioner is detained by the warden of Folsom prison under a commitment showing his conviction of the crime of robbery. He claims that his detention is unlawful for reasons affecting the judgment of the superior court. His petition, framed by himself, is very meager, but shows with sufficient certainty that he is the same John Smith who was convicted of robbery in June, 1906, in the superior court of San Francisco, and whose conviction was affirmed by the district court of appeal in October, 1908. ( 9 Cal.App. 224 , [ 98 P. 546 ].) Every ground of his present petition was reviewable on that appeal, but they were not mentioned in the decision, and they cannot now be urged in a collateral attack upon the judgment.

Writ denied. *Page 209

How later courts describe this case

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

Cited by 7 cases

View all citing references →
1925: 11930: 11935: 11940: 11942: 11961: 11993: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. In re Connor108 P.2d 10 (Cal. 1940)
  2. In re Northcott235 P. 458 (Cal. Ct. App. 1925)
  3. In re Ryley291 P. 847 (Cal. Ct. App. 1930)
  4. In re Harris855 P.2d 391 (Cal. 1993)
  5. Marion James Linden v. Fred R. Dickson, Warden California State Prison, San Quentin287 F.2d 55 (9th Cir. 1961)
  6. In re Martinez132 P.2d 901 (Cal. Ct. App. 1942)

Most recent

  1. In re Harris855 P.2d 391 (Cal. 1993)
  2. Marion James Linden v. Fred R. Dickson, Warden California State Prison, San Quentin287 F.2d 55 (9th Cir. 1961)
  3. In re Martinez132 P.2d 901 (Cal. Ct. App. 1942)
  4. In re Connor108 P.2d 10 (Cal. 1940)
  5. In re West48 P.2d 983 (Cal. Ct. App. 1935)
  6. In re Ryley291 P. 847 (Cal. Ct. App. 1930)

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. Smith, 98 P. 546 (Cal. Ct. App. 1908) 2

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