Legal Opinion

In re Underwood

Michigan Supreme Court

Decided January 5, 1875PublishedCited by 13 opinions

Application for Habeas Corpus. The petitioner was tried in the recorder’s court of Detroit for murder, and was acquitted by reason of insanity. The recorder, in pursuance of the statute {Comp. L., § 7957), committed him to the state prison until further order; and he is now confined by virtue of such commitment in the insane asylum attached to the state prison.

1Opinion of the Court

The Court

held that the question sought to be raised would necessarily involve a review of the order of the recorder’s court, by virtue of which the prisoner is confined, and that habeas corpus is not the proper remedy; and that the question must be raised by writ of error or other appropriate remedy.

Writ denied.

2Cited by13 opinions

  1. Sennott's CaseMassachusetts Supreme Judicial Court · 1888
  2. In re NewcombWashington Supreme Court · 1909
  3. Goodman v. Daly, WardenIndiana Supreme Court · 1929
  4. Koepke v. HillIndiana Supreme Court · 1901
  5. Elsner v. ShrigleySupreme Court of Iowa · 1890

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