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175 Cal. 661

166 P 801

In Re Jacobs

California Supreme Court

Decided August 1, 1917

California Supreme Court · decided 1917-08-01

Applies CA PEN § 1487

Good law ✅— No negative treatment on recordhow we know

Decided 1917-08-01

How this case has been cited

Cited by 21 later decisions — most recently October 1967

21 state decisions

70191719201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1No good cause for the issuance of a writ appears. The question of insufficiency of evidence to warrant conviction cannot be considered on habeas corpus. Subdivision 7 of section1487 of the Penal Code, authorizing a discharge on habeascorpus "where a party has been committed on a criminal charge without reasonable or probable cause," is applicable only where a person has been committed for trial by a magistrate without reasonable or probable cause. The complaint in the police court sufficiently stated facts constituting the offense of petit larceny (Pen. Code, secs. 484 and 488). The words "by trick and device" do not impair their effect in this regard. The judgment shows a conviction of the crime of petit larceny. If the evidence adduced on the trial was not sufficient to show the guilt of the prisoner of that charge, his remedy was by appeal.

¶2The application for a writ of habeas corpus is denied.

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