Owens v. Duryee

The plaintiff petitioned this court for a writ of habeas corpus, alleging that the defendant sheriff was illegally imprisoning plaintiff. We allowed the writ, the sheriff filed a return, a hearing was held, and we determined that the plaintiff was legally held. This opinion is in explanation of our decision.

The plaintiff was indicted for Theft in the First Degree and was arrested. He was subsequently released on his own recognizance. At the time set for trial, December 18, plaintiff desired to change his plea and entered a plea of guilty. An order accepting and entering the plea was made by…