Ruef v. Superior Court of S.F.

Citations

• 150 Cal. 657

Syllabus

<p>Criminal Law—Indictment—Bemand on Habeas Corpus—Writ op Error to United States Supreme Court—Stay op Proceeding.— Where a prisoner under indictment and awaiting trial in the superior court applied to another department of the same court for a writ of habeas corpus, which was granted, and upon a hearing thereon he was remanded to custody, and thereupon applied for and obtained from the judge or court issuing the writ of habeas corpus a writ of error to the supreme court of the United States on the ground that the order of remand was in contravention of his rights under the constitution of the United States, the writ of error, if properly issued, did not operate to stay proceedings in the court having jurisdiction of the indictment.</p>