In re Jacobs

Citations

• 175 Cal. 661

Syllabus

<p>Habeas 'Corpus—Insuppiciency op Evidence—Review.—The insufficiency of the evidence to warrant a conviction cannot be considered on habeas corpus.</p> <p>Id.—Commitment Without Probable Cause — Discharge — Applicability op Code Provision.—Subdivision 7 of section 1487 of the Penal Code, authorizing a discharge on habeas corpus where a party has been committed on a “criminal charge without reasonable or probable cause, is applicable only where a person has been committed for trial by a magistrate without reasonable or probable cause.</p> <p>Id.—Petit Larceny— Sufficiency of Complaint.—Where a complaint in the police court sufficiently stated fact's constituting the oflense of petit larceny, the words “by trick and device” do not impair it's sufficiency.</p> <p>Id.—Insufficiency of Evidence—Remedy by Appeal.—In a prosecution for petit larceny, if the evidence is not sufficient to show the guilt of the defendant, the remedy is by appeal, and not by habeas corpus.</p>