Ex parte Thomas
Cases that cite this one
5 later published cases cite this decision.
- In re Lane (Cal. 1962)
- People v. Bass (Appellate Division of the Superior Court of California 1963)
- In re Tom Wong (Cal. Ct. App. 1932)
- People v. Birrier (Supreme Court of Puerto Rico 1912)
- Pueblo v. Birrier (Supreme Court of Puerto Rico 1912)
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 return to the writ of habeas corpus issued herein shows that the petitioner was convicted in the police court of the city and county of San Francisco of the crime of adultery, and thereupon sentenced to be imprisoned in the county jail for one year, and that he is now held in custody under commitment based upon said judgment.
The judgment is void. Adultery is not made a crime by any statute of California. It is the living together in open and notorious cohabitation and adultery that is made criminal by the statute (Stats. 1871-72, p. 380), and it has been rightly held that mere adultery without the notorious cohabitation does not constitute the offense. (People v. Gates, 46 Cal. 52.)
The judgment being void the imprisonment is necessarily unlawful, and the prisoner must be discharged. It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.