Daily Alta California, Volume 82, Number 35, 4 February 1890 — A FINE POINT RAISED. [ARTICLE]

A FINE POINT RAISED.

Modesta Avila Asks To Be Released From

San Quentin.

Modesta Avila applied to the Supreme Court yesterday for a writ of habeas corpus, on the ground that she is unlawfully restrained of her liberty by Warden McComb of San Quentin Prison. She was convicted of placing obstructions on a railway track in Orange county, and sentenced to three years’ imprisonment. Her counsel claims that the Superior Court of the county of Orange, where she was convicted, had no jurisdiction of the case, as it was charged that the offense was committed on June 5, 1889, whereas the county of Orange was not organized before August 1, 1889. Chief Justice Beatty issued the writ as prayed for, and made it returnable before him on February 8th, at 11 o’clock in the morning. He also ordered a copy of the petition to be sent to Attorney-General Johnson.