Ex parte Edgar

Citations

• 119 Cal. 123
• 51 P. 29
• 1897 Cal. LEXIS 866

Syllabus

<p>Habeas Corpus—Fedebal Question—Appeal fboh Fedebal Coubt—Stay of Pboceedinqs.—Where a petition to a circuit or district court of the United States for a writ of habeas corpus on behalf of a prisoner in the state’s prison, who is under penalty of death for murder by sentence of a state court, presents a federal question, an appeal to the supreme court of the United States from an order either remanding the petitioner or refusing him a writ, stays all further proceedings by the state courts or by the state authorities pending the appeal, and by operation of section 766 of the United States Revised Statutes, any such further proceedings, until the determination of the appeal, are null and void.</p> <p>Id.—Validity of Proceeding by Information—Question under Fedebal Constitution.—The question whether a proceeding by information, instead of indictment, is in violation of the constitution of the United States, is a federal question; and is none the less such because former cases have been decided by the supreme court of the United States contrary to the contention of one who raises such question by petition to a federal court for a writ of habeas corpus, and by appeal to the supreme court of the United States from an order denying the writ.</p> <p>Id.—Stay—Merit of Appeal not to be Considered—Allowance of Appeal —Proof of Federal Question.—Where a federal question is presented, upon a petition for a writ of habeas corpus, in a federal court, and an appeal has been taken from an order denying the writ, it is the appeal, and not the merit of the appeal, which operates as a stay; and the very fact that an appeal has been allowed by the federal court, after deciding the question presented pursuant to previous decisions of the supreme court of the United States, is equivalent to a declaration of that court that a federal question was presented, and the appeal allowed must operate as a stay.</p> <p>Id.—Void Contempt Proceedings against Acting Warden of State’s Prison—Dischar