Turner v. O'NEAL, SHERIFF, ETC.

Appellee O’Neal, Sheriff of Marion County, prevailed in a habeas corpus proceeding instituted by the appellant Turner. The appellant was held upon the request of the State of South Carolina as an alleged fugitive who had escaped from the South Carolina Penitentiary while serving a life sentence for murder of his uncle. A return was made by the Sheriff in the court below, followed by a hearing and trial, which terminated in a denial of the writ.

The purpose of a writ in such a case as this is to bring the person who is in custody before a court for inquiry as to the legality of the restraint.…