In re Bernson

Decided November 19, 1917

California Court of Appeal · decided 1917-11-19

Habeas Corpus—Voluntary Submission to Imprisonment—Dismissal.—A petition for a writ of habeas corpus will be dismissed where the petitioner voluntarily submitted to imprisonment from which he seeks to be discharged for the purpose of presenting in t'he proceeding the question as to the validity of an order holding him to answer for trial in the superior court, The facts are stated in the opinion of the court.

Cited by 3 later decisions — most recently June 1927

3 state decisions

Relies on Matter of Ford · In Re Gow · Ex Parte Schmitz

Good law ✅— No negative treatment on recordhow we know

Decided 1917-11-19

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THE COURT.

¶1It appears to the court that the imprisonment of the petitioner from which he seeks to be discharged was voluntarily submitted to by him for the purpose of presenting in this proceeding the question as to the validity of the order holding him to answer to the superior court for trial, and for that reason the remedy by habeas corpus should not be available to him.

¶2Upon the authority of In re Gow, 139 Cal. 242, [73 Pac. 145], Ex parte Schmitz, 150 Cal. 663, [89 Pac. 438], and Ex parte Ford, 160 Cal. 334, [Ann. Cas. 1912D, 1267, 35 *345L. R A. (N. S.) 882, 116 Pac. 757], it is ordered that the proceeding be and it is hereby dismissed, and petitioner is remanded to the custody of the sheriff.