In re Cardona
District Court, D. Puerto Rico
Statement of Facts. This is a petition for habeas corpus filed July 2, 1917, by the petitioner, Fajardo, alleging that he is confined in the district jail of the Mayaguez district in the municipality of Mayaguez, Porto Rico, under commitments on convictions from the local district court of Mayaguez in .three' cases numbered on the docket of said court 2813, 2814, and 2816, in wbicli be had been charged with withdrawing without payment of revenue license certain alcohol from…
Read the full summary
Statement of Facts. This is a petition for habeas corpus filed July 2, 1917, by the petitioner, Fajardo, alleging that he is confined in the district jail of the Mayaguez district in the municipality of Mayaguez, Porto Rico, under commitments on convictions from the local district court of Mayaguez in .three' cases numbered on the docket of said court 2813, 2814, and 2816, in wbicli be had been charged with withdrawing without payment of revenue license certain alcohol from the tank of his central at Hormigueros. The warden filed a return to the writ of habeas corpus on July 6, 1917, and the…
1Opinion of the Court
HAMILTON, Judge,
filed the following opinion:
Before determining the exact issue before the court,’.it will be well to establish some general principles.
1. The right to habeas corpus established in statute 31 of Charles II. (1679) secures to every American, as to every Briton, the right to have the cause of his detention examined and determined by a court of justice. If, upon such examination, it turns out that he is held under lawful authority, especially if he is held under a judgment of a court of competent jurisdiction, the writ has served its purpose and is discharged, the prisoner being…
2Cases cited22 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Frank v. MangumSupreme Court of the United States · 1915
- Gavieres v. United StatesSupreme Court of the United States · 1911
- Burton v. United StatesSupreme Court of the United States · 1906
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
17 more not listed; retrieve them via the Exa API.