Ex parte Maxwell
Nevada Supreme Court
Habeas Corpus before tlie Supreme Court. The facts are stated in the opinion. The petitioner is entitled to be discharged. The discharge of the jury, on motion of the state, without the con-, sent of defendant, was equivalent to a verdict of acquittal.
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Habeas Corpus before tlie Supreme Court. The facts are stated in the opinion. The petitioner is entitled to be discharged. The discharge of the jury, on motion of the state, without the con-, sent of defendant, was equivalent to a verdict of acquittal. (Suate v. Callendine, 8 Iowa, 288; Commomuealth v. Clue, 3 Bawle, 498; Commomuealth v. Cook et al., 6 S. and Eawle, 577; Wright v. State, 5 Ind. 290; Mahala v. State, 10 Yerger, 533 and cases cited; People v. Webb, 38 Cal. 467, and cases cited; Hurd on Hab. Corp., 330, 333; People v. McLeod, 25 "Wend., 570-72; Comp. Laws, secs. 363-64, 368;…
1Opinion of the Court
By the Court,
Earll, J.:
It is alleged in the petition presented on behalf of Maxwell, that he is unlawfully imprisoned and restrained of his liberty by one Andrew Fife, the sheriff of the county of Lincoln.
The facts as presented by the petition, return of the sheriff and proofs submitted-are substantially as follows: The prisoner was accused of - having stolen twenty-tAvo pieces of crude bullion, at said Lincoln county, of the alleged value of twenty-two hundred dollars, gold coin, the property of the Meadow Valley Mining Company, a corporation. He was arrested on said charge in- the territory…
2Cases cited9 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Wright v. StateIndiana Supreme Court · 1854
- Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
- Ned v. StateSupreme Court of Alabama · 1838
- State v. . Prince .Supreme Court of North Carolina · 1869
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3Cited by25 opinions
- Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
- Allen v. StateSupreme Court of Florida · 1906
- Gillespie v. StateIndiana Supreme Court · 1907
- Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. WhitmanUtah Supreme Court · 1937
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