Ex parte Strong
California Supreme Court
Ex parte Strong, 3 Cal. Unrep. 706 (Cal. 1892)
31 P. 574; 1892 Cal. LEXIS 1056
Ex parte Strong
Opinion of the Court
This is an application for a writ of habeas corpus based upon the following allegations: The petitioner was accused by information filed September 8, 1892, of the crime of assault with a deadly weapon. More than ninety days have since elapsed, but he has not been brought to trial. He has made no application for a postponement, and there is no excuse for the delay. He has asked the superior court in which the accusation is pending to order the prosecution to be dismissed, and that motion has been denied. These allegations, if true, show that it was the duty of the superior court to dismiss the prosecution (Pen. Code, sec. 1382) ; but until the information is dismissed the imprisonment is lawful. Writ denied.
Reference
- Full Case Name
- Ex Parte STRONG
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Habeas Corpus—Failure to Bring to Trial.—Though defendant is entitled to have the information filed against him dismissed under Penal Code, section 1382, which provides for such dismissal “if a defendant, whose trial has not been postponed on his application, is not brought to trial within sixty days after the finding of the indictment or filing of the information,” he is not entitled to a discharge on habeas corpus until the information is dismissed.1