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In re Boynton

193 Cal. 782 Court Cal. Decision date 1924-02-26 Docket Crim. No. 2608 English

Contents

Majority

p. 782
[Crim. No. 2608.
In Bank.
February 26, 1924.]
In re E. C. BOYNTON on Habeas Corpus.

Headnote

[l] Employment Agencies—Charge op Illegal Operation—Habeas Corpus.—On this proceeding in habeas corpus to procure discharge of petitioner from custody on a charge of operating an employment agency contrary to law, the writ is granted and the petitioner discharged, on the authority of In re Smith, ante, p. 337.
APPLICATION for Writ of Habeas Corpus to discharge petitioner charged with illegally operating an employment agency.
Writ granted.
p. 783
The facts are stated in the opinion of In re Smith, ante, p. 337.
Fredericks & Hanna and Charles W. Lyon for Petitioner.
Clark, Nichols & Eltse and R. Clarence Ogden, Amici Curiae.
U. S. Webb, Attorney-General, Edwin W. Widney, Deputy Attorney-General, and J. M. Friedlander, City Prosecutor, for Respondent.

The principle of law which rules In re Smith, ante, p. 337 [ 223 Pac. 971 ], is decisive of the instant ease. The facts of the two eases are so similar in material respects as to bring both within the same rule of law. [1] Upon the authority of Ex parte Smith the writ is granted and the petitioner is released from custody.