Ex parte Sternes

Citations

• 3 Cal. Unrep. 117
• 21 P. 1132
• 1889 Cal. LEXIS 1091

Syllabus

<p>Habeas Corpus—Hearing in Supreme Court.—Petitioner was arrested on the charge of kidnaping, and examined, and committed by the justice. He applied to the supreme court to be released on habeas corpus, pending the decision of which an information was filed against him for the same offense for which he had been committed. On the hearing of the habeas corpus before the court in bank (five justices present), evidence offered to show that the commitment was ordered by the justice on no other evidence than that petitioner had arrested a person by virtue of a warrant, and that, therefore, the commitment was “without reasonable or probable cause,” was excluded (four justices concurring), on the ground that the filing of the information was conclusive as to probable cause. The ease was subsequently submitted on briefs, but when it was taken up for decision it was found that, on account of the retirement of the chief justice, “the concurrence of four justices present at the hearing,” required by the constitution of California, article 6, section 2, could not be had, and a rehearing was ordered, and the case resubmitted upon the original briefs. Held, that the ruling excluding the evidence was a final disposition of the question involved, and that petitioner must be remanded.</p>