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88 Cal. 640

Ex parte Spears

California Supreme Court

Decided April 30, 1891

California Supreme Court · decided 1891-04-30

Application to the Supreme Court for a discharge from imprisonment on a writ of habeas corpus. The facts are stated in the opinion of the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1891-04-30

How this case has been cited

Cited by 13 later decisions — most recently March 1960

1 district · 12 state decisions

5018911900191019201930194019501960decided

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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Paterson, J., dissenting.

¶1I am unable to concur. The warrant of the governor is prima facie evidence, at least, that all necessary legal prerequisites have been complied with (Church on Habeas Corpus, sec. 480), and the petitioner has not made it appear to my satisfaction that the courts of Alabama could not hold him for examination on the affidavit charging him with embezzlement.

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