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Murphy v. Superior Court

Supreme Court of California
Jul 1, 1881
58 Cal. 520 (Cal. 1881)

Summary

In Murphy v. Superior Court, 58 Cal. 520, the petitioner represented that the magistrate who conducted the preliminary examination "did not examine on oath or otherwise * * * any witness * * *" The writ was denied.

Summary of this case from Tupper v. Superior Court In and For Marin County

Opinion

         Application for a writ of prohibition.

         COUNSEL

          Jackson Hatch, for the Plaintiff.

         A.L. Hart, Attorney-General, for Defendant.


         OPINION

         In Bank.

         The Court:

         This is an application for a writ of prohibition to stop the trial of a case now pending in the Superior Court within and for the County of Colusa. The application sets forth that the petitioner is being prosecuted by information in said Court for the crime of an assault with intent to commit murder, and that the magistrate before whom the preliminary examination took place, " did not examine on oath or otherwise the informer or prosecutor, and did not examine on oath or otherwise any witness or witnesses, and did not take any deposition or depositions of any witness or witnesses, and no depositions of the informer or prosecutor, or any witness or witnesses produced by the informer or any other person was or were taken or subscribed at all or at said time."

         Conceding the above facts, the omissions complained of did not affect the question of jurisdiction, and therefore prohibition is not the proper remedy.

         Writ dismissed.


Summaries of

Murphy v. Superior Court

Supreme Court of California
Jul 1, 1881
58 Cal. 520 (Cal. 1881)

In Murphy v. Superior Court, 58 Cal. 520, the petitioner represented that the magistrate who conducted the preliminary examination "did not examine on oath or otherwise * * * any witness * * *" The writ was denied.

Summary of this case from Tupper v. Superior Court In and For Marin County

In Murphy v. Superior Court, 58 Cal. 520, the petitioner represented that the magistrate who conducted the preliminary examination "did not examine on oath or otherwise * * * any witness * * *."

Summary of this case from Mitchell v. Superior Court in and for City and County of San Francisco

In Murphy v. Superior Court, 58 Cal. 520, the petitioner represented that the magistrate who conducted the preliminary examination "did not examine on oath or otherwise * * * any witness * * *."

Summary of this case from Priestly v. Superior Court in and for City and County of San Francisco
Case details for

Murphy v. Superior Court

Case Details

Full title:MURPHY v. THE SUPERIOR COURT OF COLUSA COUNTY

Court:Supreme Court of California

Date published: Jul 1, 1881

Citations

58 Cal. 520 (Cal. 1881)

Citing Cases

Western Meat Company, a Corporation v. Superior Court

If, therefore, the petitioner was brought before the magistrate or proceeded against by that officer upon the…

Tupper v. Superior Court In and For Marin County

Careful scrutiny dispels any such doubt, as we read those cases. In Murphy v. Superior Court, 58 Cal. 520,…