Statute · California Penal Code

Cal. Penal Code § 1489 — Of the Writ of Habeas Corpus

Cal. Penal Code § 1489

Type
Statute
Source
California Penal Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

If it appears to the Court or Judge, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the Court or Judge, that the party is guilty of a criminal offense, or ought not to be discharged, such…

Citator

Cal. Penal Code § 1489 — Of the Writ of Habeas Corpus is in force in the current edition of the Code, and nothing recorded condemns it.

If it appears to the Court or Judge, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the Court or Judge, that the party is guilty of a criminal offense, or ought not to be discharged, such Court or Judge, although the charge is defective or unsubstantially set forth in such process or warrant of commitment, must cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the Court or Judge; and upon the examination he may discharge such prisoner, let him to bail, if the offense be bailable, or recommit him to custody, as may be just and legal.