Benjamin v. State
Supreme Court of Florida
STATEMENT. On the eighth day of June of the present year the plaintiff in error presented to Judge Broome, of the Seventh Circuit, a petition for a writ of habeas corpus, representing himself to be detained and imprisoned in the jail of Volusia county by W. K. Turner, the sheriff, without bail; that there is a pretended charge against him for shooting and killing one J. W. Douglass, on the fifth day of the same month ; that the shooting was done in a necessary defence of…
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STATEMENT. On the eighth day of June of the present year the plaintiff in error presented to Judge Broome, of the Seventh Circuit, a petition for a writ of habeas corpus, representing himself to be detained and imprisoned in the jail of Volusia county by W. K. Turner, the sheriff, without bail; that there is a pretended charge against him for shooting and killing one J. W. Douglass, on the fifth day of the same month ; that the shooting was done in a necessary defence of himself, his person and his life, and that under the law he was justified as he believed at the time, from the…
1Opinion of the CourtBaney, C. J.
The habeas corpus act of 1879, McClellan’s Digest, 563 et seq., provides that the court, justice or judge before whom the prisoner shall be brought shall without delay proceed to inquire into the cause of his imprisonment, and shall either discharge him, admit him to bail, or remand him to custody, as the law and evidence shall require, section 7 McC’s Dig.; and section 8, that the return made to each writ may be amended and shall notbe taken to be conclusive as to the facts stated therein, but it shall be competent for the court, justice or judge before whom such return is made to examine…
2Cases cited5 opinions
- Stuart v. PeopleMichigan Supreme Court · 1879
- Ex parte EaganSupreme Court of Florida · 1881
- Ex parte HarfourdSupreme Court of Florida · 1877
- Cowell v. PattersonSupreme Court of Iowa · 1878
- Finch v. StateSupreme Court of Florida · 1876
3Cited by6 opinions
- State v. ArthurSupreme Court of Florida · 1980
- Russell v. StateSupreme Court of Florida · 1916
- Anderson v. StateSupreme Court of Florida · 1970
- State v. FreemanUtah Supreme Court · 1937
- United States v. RuroedeDistrict Court, S.D. New York · 1914
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