Ex parte Janes
Nevada Supreme Court
HABEAS CORPUS. This was an application for writ of habeas corpus made directly to tbe Supreme Court. Points for Petitioner: The sentence originally passed on prisoner did not direct him to be hnng by the neck, nor until he was dead. It would not have been a justification to the Sheriff to execute the prisoner. The warrant issued by the Governor of the Territory was unauthorized by law, and did not justify the Warden in receiving or holding the prisoner in custody.
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HABEAS CORPUS. This was an application for writ of habeas corpus made directly to tbe Supreme Court. Points for Petitioner: The sentence originally passed on prisoner did not direct him to be hnng by the neck, nor until he was dead. It would not have been a justification to the Sheriff to execute the prisoner. The warrant issued by the Governor of the Territory was unauthorized by law, and did not justify the Warden in receiving or holding the prisoner in custody. The pardon of the 3d of December entitles the prisoner to his discharge. There is no brief on file by the Attorney General.
1Concurrence
Opinion by
Beatty, J., Lewis, C. J.,
concurring.
This was an application for the writ of habeas corpus, made returnable before this Court, and the facts disclosed by the petition of the applicant and the return of the Warden of the State Penitentiary, are as follows:
In the month of April, 1864, the petitioner was convicted of murder in the first degree, in Storey County. He was sentenced to be executed on the 2d day of June, 1864. The sentence recited the crime of which he was convicted, and directed that he should, between certain hours of that day, and at some suitable place, to be selected by…
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