Ex parte Twohig
Nevada Supreme Court
Application for writ of habeas corpus. The petition, among other things, alleged that Twohig and Fitzgerald were jointly tried “upon an indictment, regular upon its face, purporting to have been found by the grand jury of Nye county, for the crime of an assault with intent to kill,” committed upon the person of James Jones; that the said indictment was never found by the grand jury, and was presented to the court either by fraud or mistake; that after their trial and…
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Application for writ of habeas corpus. The petition, among other things, alleged that Twohig and Fitzgerald were jointly tried “upon an indictment, regular upon its face, purporting to have been found by the grand jury of Nye county, for the crime of an assault with intent to kill,” committed upon the person of James Jones; that the said indictment was never found by the grand jury, and was presented to the court either by fraud or mistake; that after their trial and conviction, but before sentence, they were informed by seven of the grand jurors that no such indictment had been found against…
1Opinion of the Court
By the Court,
Hawley, C. J.:
The question sought to be raised by the petition, as to whether or not the indictment upon which Twohig and *303Fitzgerald were tried and convicted was ever found by tbe grand jury of Nye county, cannot be inquired into by tbe writ of habeas corpus.
Tbe return to tbe writ shows that defendants are held in custody by C. O. Batterman, warden of tbe state prison, upon regular commitments of conviction for tbe crime of an assault with a deadly weapon with intent to inflict bodily injury.
It appears from tbe petition, as well as from tbe return to tbe writ, that tbe indictment…
2Cases cited1 opinion
- Ex parte WinstonNevada Supreme Court · 1873
3Cited by9 opinions
- Smith v. HessIndiana Supreme Court · 1884
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- In re BettsNebraska Supreme Court · 1893
- Smith v. MiltonSupreme Court of Georgia · 1919
- Ex parte TaniNevada Supreme Court · 1907
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