In Re Smith

The petitioner, Leander Smith, applied to Judge Bone for writ of habeas corpus, alleging that he was illegally restrained of his-liberty under a judgment of the recorder’s court of Wilson, North Carolina. After hearing the matter, Judge Bone was of opinion that petitioner’s restraint was legal and declined to discharge him from custody. Thereafter petition for writ of certiorari to review the order of Judge-Bone was allowed by this Court, and the ease was brought here for determination of the question of the legality of petitioner’s restraint.

The material facts were these: On 14 November,…