Ex parte Hamilton
Mississippi Supreme Court
Appeal from the decision of Hon. T. E. Cooper, Chief Justice of the Supreme Court, on habeas corpus. On the 20th of August, 1887, a petition was presented to the Hon. A. Gf.
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Appeal from the decision of Hon. T. E. Cooper, Chief Justice of the Supreme Court, on habeas corpus. On the 20th of August, 1887, a petition was presented to the Hon. A. Gf. Mayers, judge of the eighth judicial district, in the following language: “The petition of Jones S. Hamilton and L. Mims Eubanks respectfully states unto your Honor: “That, at the June term, 1887, of the circuit court for the first district of Hinds County, an indictment was presented by the Grand Jury of said Hinds County to said court, charging your petitioners with the murder of R. D. Gambrell, and upon said indictment…
1Opinion of the CourtCampbell, J.
The trial before Chancellor Peyton was the trial of a writ of habeas corpus. Had the judgment been in favor of the prisoners it would have been conclusive in their favor according to the statute, and it must, as against them, have its full effect as a judgment rendered on the trial of a writ of habeas corpus. It is true that Chancellor Peyton, by consent of all concerned, might have sat as a substitute for the justice of the peace, and then his judgment'would have had no greater effect than one by the justice of the peace would have had ; but the record of the proceeding must govern, and it…
2Cases cited3 opinions
- Ex parte PattisonMississippi Supreme Court · 1878
- Ex parte BridewellMississippi Supreme Court · 1879
- Ex parte NicholsMississippi Supreme Court · 1884
3Cited by4 opinions
- Wong Sun v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- Pruitt v. StateSupreme Court of Alabama · 1900
- Knox v. StateSupreme Court of Alabama · 1910
- State ex rel. VickersSupreme Court of Louisiana · 1895