
    [Crim. No. 28.
    Second Appellate District.
    March 14, 1906.]
    Ex parte THOMAS CONNER on Habeas Corpus.
    Criminal Law—Order to Keep the Peace—Imprisonment in Default of Bond—Habeas Corpus.—A prisoner who had been arrested under a warrant issued by a justice of the peace, on an information that he had threatened to commit an offense against the person of another, and on being brought before the justice was ordered to give a bond to keep the peace, and in case of failure, to be imprisoned in the county jail for a period not to exceed six months, and who was committed to the custody of the sheriff upon his failure to give such bond, is entitled to be discharged on habeas corpus, if the deposition of the informer was not taken by the justice before issuing the warrant, and the information fails to show facts justifying its issuance.
    APPLICATION for a writ of habeas corpus.
    
    The facts are stated in the opinion of the court.
    Henry E. Wills, and James D. Reymert, for Petitioner.
    J. D. Fredericks, District Attorney, and Paul J. McCormick, Deputy District Attorney, for Respondent.
   SMITH, J.

The prisoner was arrested under a warrant issued by a justice on the information of Clemenia T. Hill, that he had threatened to commit an offense against the person of another, and on being brought before the justice was ordered to give bond in the sum of $500 to the people of the state to keep the peace, etc., and in case of failure, to be imprisoned in the county jail for a period not to exceed six months; and, having failed to give the bond, he is now in custody of the sheriff under a warrant of commitment, to be held until the bond shall be given, or'until the expiration of the six months referred to. The deposition of the informer was not taken by the justice before issuing the warrant, nor do we think the written information verified by her shows the facts necessary to justify the issue of the warrant.

We are of the opinion, therefore, that the prisoner must be discharged; and it is so ordered.

Gray, P. J., and Allen, J., concurred.  