Ex parte Bird

Citations

• 19 Cal. 130

Syllabus

<p>Ex parte Andrews, (18 Cal.) holding the Act of 1861, commonly called the “ Sunday Law,” to be constitutional, affirmed.</p> <p>Where a party was charged with keeping open a bar for the sale of liquors on Sunday, in violation of the Act of 1861, and was convicted and committed to custody, and applied to the Supreme Court for a writ of habeas corpus, claiming his discharge on the ground that he kept the bar as part of the business of a hotel, and therefore had not violated the law : Held, that petitioner cannot avail himself of this defense, on this application, but must adopt some other mode—the complaint against him not showing that the bar was kept as part of the hotel business.</p> <p>On habeas corpus it is not competent to retry issues of fact, or to review the proceedings of a legal trial. .</p>