Ex parte Williams
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; I. V. Bourland, Chancellor; If it were true, as alleged in the petition, that there was no written charge or information filed against petitioner in the police court, and that he was deprived of a trial by jury, these were mere irregularities which could not be corrected on a hearing of a petition for habeas corpus.
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Appeal from Sebastian Chancery Court; I. V. Bourland, Chancellor; If it were true, as alleged in the petition, that there was no written charge or information filed against petitioner in the police court, and that he was deprived of a trial by jury, these were mere irregularities which could not be corrected on a hearing of a petition for habeas corpus. That writ cannot be substituted for appeal or writ of error. 45 Ark. 162; 48 Ark. 289; 51 Ark. 218; 55 Ark. 280; 58 Ark. 287; 60 Ark. 95; 70 Ark. 17; 106 U. S. 521, 27 Law. Ed. 288; 49 Ark. 143.
1Opinion of the CourtMcCulloci-i, C. J.
The petitioner, Walter Williams, was tried and convicted in the police court of the city of Fort Smith on the charge of petit larcency in violation of a city ordinance. His punishment was fixed by the court at a certain fine and imprisonment, and he was committed to the city jail. While incarcerated therein under said commitment, he presented to the chancellor his petition for habeas corpus commanding the respondent, as chief of police, to produce the body of petitioner before the chancellor.
An attack is made on the validity of the proceedings on the grounds, first, that he was arrested…
2Cases cited3 opinions
- Ex parte FooteSupreme Court of Arkansas · 1901
- Ex parte BrandonSupreme Court of Arkansas · 1886
- Ex parte PerdueSupreme Court of Arkansas · 1893
3Cited by8 opinions
- Mitchell v. StateSupreme Court of Arkansas · 1961
- Robinson v. ShockSupreme Court of Arkansas · 1984
- State v. MartineauSupreme Court of Arkansas · 1921
- Rowland v. RogersSupreme Court of Arkansas · 1940
- State Ex Rel. Attorney General v. Auten, JudgeSupreme Court of Arkansas · 1947
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