Carruth v. Taylor
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Petition of E. C. Carruth for a writ of habeas corpus directed to E. C. Taylor, sheriff. Judgment remanding petitioner, and he appeals. The order denying the discharge of appellant was appealable under sections 5603 and 5626, Revised Codes. Winton v. Knott, 7 S. D. 159, 63 N. W. Rep. 783. In re Hammill, 9 S. D. 390, 69 N. W. Rep. 577; In re Fawkes, 53 Fed.
Read the full summary
Appeal from District Court, Grand Forks County; Fisk, J. Petition of E. C. Carruth for a writ of habeas corpus directed to E. C. Taylor, sheriff. Judgment remanding petitioner, and he appeals. The order denying the discharge of appellant was appealable under sections 5603 and 5626, Revised Codes. Winton v. Knott, 7 S. D. 159, 63 N. W. Rep. 783. In re Hammill, 9 S. D. 390, 69 N. W. Rep. 577; In re Fawkes, 53 Fed. Rep. 13. It is the right and duty of a Court before the removal of one accused to a distant forum for trial to look into the indictment so far as to be satisfied that an offense is…
1Opinion of the CourtWallin, J.
This record discloses the following facts: The petitioner, E. C. Carruth, was arrested in the County of Grand Forks upon a warrant charging him with the offense of criminal libel. Said arrest was made by one E. C. Taylor, who was the sheriff of Burleigh county, and who acted in making the arrest under and by virtue of said warrant, which warrant was issued by a justice *168of the peace of Burleigh county, and was regular upon its face. Subsequent to said arrest, and upon an application therefor made by the petitioner to the District Court for Grand Forks county, the writ of habeas corpus issued…
2Cases cited13 opinions
- Ex parte JilzSupreme Court of Missouri · 1876
- In re SnellSupreme Court of Minnesota · 1883
- In re EatonNorth Dakota Supreme Court · 1898
- Myrick v. McCabeNorth Dakota Supreme Court · 1896
- State ex rel. Edwards v. DavisNorth Dakota Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State ex rel. Jackson v. KennieMontana Supreme Court · 1900
- Ex Parte JohnsonCourt of Criminal Appeals of Oklahoma · 1908
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- McGuire v. WARDEN OF STATE FARM, ETC.North Dakota Supreme Court · 1975
- State v. BeaverstallNorth Dakota Supreme Court · 1903
15 more not listed; retrieve them via the Exa API.