Legal Opinion

Ex rel. Soto

District Court, Virgin Islands

Decided September 30, 1921Published

1Opinion of the CourtMcKEAN, Judge

The petition for a writ of habeas corpus in this case seems to be based upon Title III, c. 54, s. 1, of the Code (1921; 5 V.I.C. § 1301).

The theory upon which the petitioners’ counsel based his elaborate and very able argument is that his clients have been unlawfully “restrained” of their liberty. His view being that the mandate of the appellate court (see Soto v. United States, 1 V. I. 536) entitled the appellants to a speedy trial, which they have been denied.

While the case was argued without that part of the record which refers to the mandate, it may be stated that said mandate was…

2Cases cited3 opinions

  1. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  2. In Re FrederichSupreme Court of the United States · 1893
  3. In re the Joint Estate of BehagenDistrict Court, Virgin Islands · 1921

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