In Re Barnes, 16 P.2d 309 (Cal. Ct. App. 1932). · Go Syfert
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In Re Barnes, 16 P.2d 309 (Cal. Ct. App. 1932). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 3 distinct courts.
Strongest positive: Swertfeger v. Rissling (nmctapp, 2014-03-27)
Top citers, strongest first. 1 distinct citer.
discussed Cited "see" Swertfeger v. Rissling
N.M. Ct. App. · 2014 · signal: see · confidence high
See State v. Rael, 1983-NMCA-081 , ¶¶ 15, 16, 100 N.M. 193 , 668 16 P.2d 309 . 17 {3} Although Defendant has not filed a motion to amend the docketing statement, 18 we will construe his addition of new issues in his memorandum in opposition as such 19 a motion and will decide whether to grant that motion as to each issue.
In the Matter of the Application of Charles A. Barnes for a Writ of Habeas Corpus.
Docket No. 2295..
California Court of Appeal.
Nov 28, 1932.
16 P.2d 309
C.B. Conlin and Charles S. McKelvey for Petitioner. Buron Fitts, District Attorney, and Tracy Chatfield Becker and Frank W. Stafford, Deputies District Attorney, for Respondent.
WORKS, P.J..
Cited by 3 opinions  |  Published

[1] Petitioner is in custody under an alleged conviction on a criminal charge before a justice of the peace, petitioner's contention being that the docket of the justice fails to show that petitioner had a trial before the judgment of conviction was rendered.

At the oral argument respondent was permitted to file an amended return to the writ, by which it was shown that since the issuance of the writ the justice had corrected the docket to show that a trial actually occurred. Petitioner contends that a justice of the peace may not amend his docket at such a stage. This contention cannot be upheld. (See In re Glavich, 74 Cal.App. 144 [239 P. 707].)

The writ is discharged and the petitioner is remanded to custody.

Craig, J., and Thompson (Ira F.), J., concurred.

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