Opinion
Docket No. 2027.
June 16, 1938.
PROCEEDING in Habeas Corpus to secure release from custody on a charge of violating the Insurance Code. Writ denied.
The facts are stated in the opinion of the court.
Leon Samuels and Charles H. Brennan for Petitioner.
U.S. Webb, Attorney-General, Neil Cunningham, Deputy Attorney-General, Matthew Brady, District Attorney, and Leslie C. Gillen, Assistant District Attorney, for Respondent.
This is an application for a writ of habeas corpus. With few exceptions the facts are the same as in the proceeding entitled " In the Matter of the Application of Peter P. McDonough for a Writ of Habeas Corpus", Crim. No. 2026, the decision in which was this day filed ( ante, p. 155 [ 80 P.2d 485]). Instead of being one of the proprietors of a bail bond business, this petitioner is an employee of such proprietors, the McDonough Bros. He applied for a license under chapter 8, division 1, part 2 of the Insurance Code to act as an agent and solicitor. His application was denied without notice or a hearing. Otherwise the material facts are the same. The difference in the facts is not sufficient to change the rule. We think the decision mentioned is controlling.
[1] The writ of habeas corpus is discharged and the petitioner is remanded.
Nourse, P.J., and Spence, J., concurred.