In re Kostriken

Citations

• 34 Cal. App. 489

Syllabus

<p>Habeas Corpus—Commitment for Rape—Insufficiency of Complaint and Evidence.—Where upon the hearing for a writ of Imbeas corpus the return shows that the petitioner was charged with and held to answer for the crime of rape upon evidence which in part shows that at the time of the alleged commission of the offense the prosecutrix, a minor, under the age of fifteen years, was the wife of the petitioner, and that the complaint filed with the committing magistrate does not allege that the prosecutrix was not the wife of the petitioner at the time of the commission of the alleged rape, the petitioner is entitled to his discharge, as neither the complaint nor the evidence shows the commission of an offense.</p>