Ex parte Buckley

Citations

• 105 Cal. 123
• 38 P. 686
• 1894 Cal. LEXIS 1122

Syllabus

<p>Habeas Corpus—Petition.—A petition for habeas corpus must be verified, and must allege facts showing an illegal imprisonment as distinguished from a statement of a conclusion from the facts; and when the ground of the petition is, that the prisoner has been committed without reasonable or probable cause, it must set out what the evidence on the examination was in such form that perjury may be assigned on false allegations. Id.—Case Affirmed.—Bx parte Walpole, 84 Cal. 584, affirmed.</p> <p>Id.—Sufficiency of Evidence upon Examination.—Where the evidence produced upon the examination shows that the offense charged has been committed, and it cannot be said that it was insufficient to warrant the committing magistrate in holding the petitioner to answer, he will be • remanded upon habeas corpus.</p>