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181 Cal. 509

In re Lapique

California Supreme Court

Decided November 14, 1919

California Supreme Court · decided 1919-11-14

<p>[1] Habeas Corpus&emdash;Indictment&emdash;Sufficiency of Evidence.&emdash;Any question of insufficiency of evidence to warrant an indictment is not a proper subject of inquiry on habeas corpus.</p>

Relies on Matter of Ruef · In Re Kennedy

Good law ✅— No negative treatment on recordhow we know

Denied · Decided 1919-11-14

How this case has been cited

Cited by 17 later decisions — most recently November 2011

17 state decisions

5019191920193019401950196019701980199020002010decided

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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THE COURT.

¶1[1] Any question of insufficiency of evidence to warrant an indictment is not a proper subject of inquiry on habeas corpus (In re Kennedy, 144 Cal. 634, [103 Am. St. Rep. 117, 1 Ann. Cas. 840, 67 L. R. A. 406, 78 Pac. 34]).

¶2In so far as appears, the sufficiency of the indictment in this matter cannot be examined into on habeas corpus (In re Ruef, 150 Cal. 665, [89 Pac. 605]).

¶3The application for a rehearing is denied.

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

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