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Ex parte Becker

Ex parte EMIL BECKER, on Habeas Corpus

Ex parte Becker, 25 P. 9 (Cal. 1890)
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Court
California Supreme Court · State Highest Courts
Decided
November 21, 1890
Docket
No. 20763
Judges
Fox
Citations
25 P. 986 Cal. 4021890 Cal. LEXIS 1041
Syllabus
Habeas Cortos — Probable Cause tor Commitment. — Where there is some evidence, other than the extrajudicial admissions of the party-charged with crime, tending to show that an offense has been committed, the party charged will not be released on habeas corpus before trial, on the ground of a want of reasonable or probable cause for the commitment.
Summary
Application to the Supreme Court for a discharge on 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 — Fox

Text extracted by OCR from a scanned original; check the original for exact wording.

Fox, J.

— The point made in this case is, that the prisoner has been committed without reasonable or probable cause; and that question turns upon whether or not a public offense has been committed triable within this jurisdiction. I deem it improper at this time to prejudice the case of the prisoner by any analysis of the evidence which has been presented, and which may be different at his trial, and of the law applied thereto. Whether it is sufficient to convict beyond a reasonable doubt, it is the province of the jury to say, and ought not to be determined in advance on habeas corpus. It is enough now to say that an examination of the sections of the code bearing on the question, and of such evidence as has been presented, fails to show that the commitment is without reasonable or probable cause. The cases cited by the petitioner are not in point, for here there is some evidence, other than the extrajudicial admissions of the party, tending to show that an offense has been committed. Let the writ be discharged, and the prisoner remanded.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 16 cases

View all citing references →
1901: 11903: 11906: 21908: 11911: 21915: 11920: 11934: 21957: 21985: 12022: 12025: 119012026peak 1906 · 2

Relies on it most ⓘ

  1. Gordon Grado M.D. Incorporated v. Phoenix Cancer and Blood Disorder Treatment Institute PLLCNo. 2:21-cv-02052 (D. Ariz. May 16, 2022)
  2. State ex rel. McCaffrey v. Shanks369 N.W.2d 743 (Wis. Ct. App. 1985)
  3. Winnovich v. Emery33 Utah 345 (1908)
  4. In re Vandiveer88 P. 993 (Cal. Ct. App. 1906)
  5. In re James190 P. 466 (Cal. Ct. App. 1920)
  6. In re Hernandez5 Alaska 421 (D. Alaska 1915)

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 0

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