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180 Cal. 181

179 P 533

In Re Kavanaugh

California Supreme Court

Decided March 28, 1919

California Supreme Court · decided 1919-03-28

Relies on Matter of Ruef · Ex Parte Greenall

Good law ✅— No negative treatment on recordhow we know

Decided 1919-03-28

How this case has been cited

Cited by 9 later decisions — most recently December 1957

9 state decisions

4019191920193019401950decided

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.

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¶1[1] The information in the superior court upon which the judgment against petitioner is based clearly attempted to charge the felony defined by section 476a of the Penal Code. Whether the specific facts alleged as constituting the particular offense failed to sufficiently show the public offense attempted to be charged is a question which cannot be considered on habeas corpus under the well-settled rule of this jurisdiction. (Matter of Ruef,150 Cal. 665, [89 P. 605]; see, also, Ex parte Greenall,153 Cal. 770, [96 P. 804].)

¶2As to the second point, in view of the facts and exhibits shown by the petition, it must be held that the superior court did vacate the order suspending the execution of the judgment.

¶3The application for a writ of habeas corpus was denied for these reasons.

¶4Shaw, J., Wilbur, J., Lennon, J., Olney, J., Lawlor, J., Melvin, J., and Angellotti, C. J., concurred.

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