Ex parte Morrison
Ex parte F. P. MORRISON, on Habeas Corpus
Syllabus
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
De Haven, J.
This is a proceeding upon habeas corpus. It appears from the return to the writ that F. P. Morrison, the person in whose behalf the writ was issued, is detained by the superintendent of the house of correction of the city and county of San Francisco under and by virtue of a judgment of the police court of said city and county convicting the said Morrison of the crime of vagrancy, and adjudging that he be imprisoned therefor in said house of correction for the period of ninety days. The judgment was rendered February 5, 1891. The judgment appears to be regular on its face, and it does not appear therefrom under which clause of section 647 of the Penal Code said Morrison was convicted. It was argued that the first clause of this section is unconstitutional; but we cannot assume, for the purpose of passing on this question, or of discharging the prisoner, that this is the particular clause under which the conviction was had. The complaint upon which the judgment was rendered is not in this record. We cannot say, from the record before us, that the judgment is void. The said Morrison is remanded, and the writ discharged.
Beatty, C. J., McFarland, J., Garoutte, J., Paterson, J., Harrison, J., and Sharpstein, J., concurred.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
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.