IN RE: the Application of WONG WAY for Writ of Habeas Corpus. (1936)

Supreme Court of California.

IN RE: the Application of WONG WAY for Writ of Habeas Corpus.

Cr. 3974.

Decided: June 18, 1936

John L. McNab, of San Francisco, for petitioner. F. Bert Fernhoff, City Atty., and John W. Collier, Asst. City Atty., both of Oakland, for respondent.

In this case, as in the case of In re Byron Mark (Cal.Sup.) 58 P.(2d) 913, this day decided, a writ of habeas corpus was issued for the purpose of considering the validity of the arrest and conviction of the petitioner for a violation of section 5–8.22 of the same ordinance of the city of Oakland which was involved in the Mark Case. Inasmuch as each case depended upon identical questions of fact and law, the disposition of the matter in the Mark Case is controlling here.

It is therefore ordered that the petitioner be discharged from custody.

PER CURIAM.

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