Hamilton v. Flowers
Mississippi Supreme Court
Appeal from the decision of Hon. Thomas T. Belly, Chancellor of the Tenth District of Mississippi. 1. If an escaped convict can maintain a writ of habeas corpus against the lessee of the penitentiary who has lost him, this proceeding should be sustained, otherwise not. Much righteous indignation seems to have been expended by the Chancellor, who fined everybody, and held every one in contempt. Flowers was doubtless all the while blooming in Texas.
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Appeal from the decision of Hon. Thomas T. Belly, Chancellor of the Tenth District of Mississippi. 1. If an escaped convict can maintain a writ of habeas corpus against the lessee of the penitentiary who has lost him, this proceeding should be sustained, otherwise not. Much righteous indignation seems to have been expended by the Chancellor, who fined everybody, and held every one in contempt. Flowers was doubtless all the while blooming in Texas. The proceeding should have been dismissed when the escape was established. At all events, it should not have been longer maintained when the…
1Opinion of the CourtGeorge, C. J.
The appellee sued out a writ of habeas corpus returnable before Chancellor Berry, with the view, as shown by his peti*16tion, of getting a release from the State Penitentiary, to which he had been sentenced. The ground on which he sought the release was, that the judgment of conviction had been superseded under proceedings for a writ of error. The appellant, in his return to the writ, stated his inability to produce the body of the relator, because he had escaped. It is not clear from the record, but it seems the most probable meaning of it, that the relator, through his counsel, took issue on…
2Cases cited1 opinion
- Ex parte WalkerMississippi Supreme Court · 1876
3Cited by2 opinions
- La Salle National Bank v. Tolu Rock & Rye Co.Appellate Court of Illinois · 1884
- In Re GarvinWashington Supreme Court · 1935