California Supreme Court, 1888

Ex parte Fenton

California Supreme Court · Decided October 3, 1888

77 Cal. 183; 19 P. 267; 1888 Cal. LEXIS 657

Cases that cite this one

16 later published cases cite this decision.

People v. Uhlemann (Cal. 1973)
People v. Belknap (Cal. Ct. App. 1974)
Bryan v. Superior Court (Cal. 1972)
McGonagill v. Superior Court (Cal. Ct. App. 1963)
Arnold v. Williams (Cal. Ct. App. 1963)
People v. Brown (Cal. Ct. App. 1962)
People v. White (Cal. Ct. App. 1960)
People v. Buckman (Cal. Ct. App. 1960)
People v. Prewitt (Cal. 1959)
People v. Joseph (Cal. Ct. App. 1957)
State Ex Rel. Borberg v. District Court of Thirteenth Judicial District (Mont. 1952)
People v. Hrjak (Cal. Ct. App. 1927)
In re Oxley (Nev. 1915)
United States Ex Rel. Rutz v. Levy (Supreme Court of the United States 1925)
United States Ex Rel. Rutz v. Levy (Supreme Court of the United States 1925)
People v. . Dillon (N.Y. 1910)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The Court.

The record in this case and the agreed statement upon which it is submitted, taken together, show sufficient cause for issuing the warrant under which defendant is held.

*184The fact that defendant had been previously arrested on the same charge, examined before a magistrate, and discharged, is not a bar to a second arrest and examination.

A person cannot be said to have been once in jeopardy until he is put upon trial before a court of competent jurisdiction, upon indictment or information which is sufficient in form and substance to sustain a conviction, and a jury has been charged with his deliverance.

The writ is discharged, and the defendant remanded to the custody of the sheriff.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.