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District Court of Appeal, Second District, Division 2, California.


Cr. 2532.

Decided: April 18, 1934

Henry L. Knight, of Los Angeles, for petitioner. Buron Fitts, Dist. Atty., and Tracy Chatfield Becker, Deputy Dist. Atty., both of Los Angeles, for respondent.

This petition for habeas corpus arises as follows: Petitioner was arrested for violation of chapter 339, p. 695, Statute of 1923, as amended in 1931, Act 1970, § 2, Deering's Gen. Laws 1931, Deadly Weapons Act (alien carrying weapon), and bound over to superior court for trial. He here claims that the proof of alienage belonged to the corpus delicti, that the only evidence introduced before the magistrate on that subject was as to his own admissions, and that evidence of such extrajudicial statement was improperly received.

Upon authority of In re Leonardino, 9 Cal. App. 690, 100 P. 708, the writ is discharged and petitioner remanded.

STEPHENS, Presiding Justice.

We concur: CRAIG, J.; DESMOND, Justice pro tem.