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127 Cal. App. 708

In re Barnes

California Court of Appeal

Decided November 28, 1932

California Court of Appeal · decided 1932-11-28

Cited by 2 later decisions — most recently February 1962

2 state decisions

Relies on 74 Cal. App. 144 - In Re Glavich

Good law ✅— No negative treatment on recordhow we know

Decided 1932-11-28

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WORKS, P. J.

¶1Petitioner is in custody under an alleged conviction on a criminal charge before a justice of the peace, petitioner’s contention being that the docket of the justice fails to show that petitioner had a trial before the judgment of conviction was rendered.

¶2At the oral argument respondent was permitted to file an amended return to the writ, by which it was shown that since the issuance of the writ the justice had corrected the docket to show that a trial actually occurred. Petitioner contends that a justice of the peace may not amend his docket at such a stage. This contention cannot be upheld. (See In re Glavich, 74 Cal. App. 144 [239 Pac. 707].)

¶3The writ is discharged and the petitioner is remanded to custody.

¶4Craig, J., and Thompson (Ira F.), J., concurred.

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