Ex parte Bell
Mississippi Supreme Court
Appeal from the decision of Hon. Laeayette Haughton, Chancellor of the Eirst Judicial District, on habeas corpus. The case is stated in the opinion of the court. . The court cannot hold a prisoner who, during all the time he has been condemned, has been in custodia legis, and punish him now with confinement for a year in the penitentiary, for no fault of his, and for no crime committed since the expiration of his sentence.
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Appeal from the decision of Hon. Laeayette Haughton, Chancellor of the Eirst Judicial District, on habeas corpus. The case is stated in the opinion of the court. . The court cannot hold a prisoner who, during all the time he has been condemned, has been in custodia legis, and punish him now with confinement for a year in the penitentiary, for no fault of his, and for no crime committed since the expiration of his sentence. Code 1871, sect. 2558, providing for cases of escaped convicts retaken after their terms have expired, does not cover this case, as to which there is no legislation. The…
1Opinion of the CourtChalmeks, J.
On April 13, 1877, Isaiah Bell was convicted, in the Circuit Court of Chickasaw County, of assault and battery, with intent to kill and murder, and sentenced to be imprisoned in the State penitentiary for the period of one year from said date. He at once entered into a recognizance, in open court, to appear in the Supreme Court, and there abide such decision as might be rendered, and was thereupon discharged. Subsequently, a transcript of the record of his trial and conviction was made out and sent here, unaccompanied by any petition for writ of error or appeal, or any bond. The written…
2Cases cited1 opinion
- Bland v. StateIndiana Supreme Court · 1851
3Cited by19 opinions
- Neal v. StateSupreme Court of Georgia · 1898
- Fuller v. StateMississippi Supreme Court · 1911
- Ex Parte RidleyCourt of Criminal Appeals of Oklahoma · 1910
- State v. HorneSupreme Court of Florida · 1906
- Miller v. EvansSupreme Court of Iowa · 1901
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