In Re Holley
Supreme Court of North Carolina
Certioeaei to review proceedings from Guilford in habeas corpus, beard before Associate Justice Walicer, at chambers, in Ealeigb, on December 12, 1910. On tbe bearing it was made to appear: Tbat at June Term, 1909, in tbe criminal court of Guilford County, tbe petitioner was tried and convicted upon an ordinary indictment for larceny of some clothing from tbe Southern Railway Company, and in which indictment tbe value of -the goods stolen was alleged to have been $10,…
Read the full summary
Certioeaei to review proceedings from Guilford in habeas corpus, beard before Associate Justice Walicer, at chambers, in Ealeigb, on December 12, 1910. On tbe bearing it was made to appear: Tbat at June Term, 1909, in tbe criminal court of Guilford County, tbe petitioner was tried and convicted upon an ordinary indictment for larceny of some clothing from tbe Southern Railway Company, and in which indictment tbe value of -the goods stolen was alleged to have been $10, certified copy of said indictment, No. 131, being set out in tbe petition for writ of habeas corpus hereunto attached. In…
1Opinion of the Court
Our statute law has made no provision for appeal from a judgment in habeas corpus proceedings, except in cases concerning the care and custody of children. Revisal, sec. 1854. Therefore it is, that when on such a hearing a question of law or legal inference is presented, and the judgment therein involves the denial of a legal right, it may be reviewed by certiorari, under and by virtue of the power conferred on this Court by the last clause of section 8, Article IV, of our Constitution: "And the Court shall have power to issue any remedial writs necessary to give it general supervision and…
2Cases cited17 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- United States v. PridgeonSupreme Court of the United States · 1894
- In Re SwanSupreme Court of the United States · 1893
- Ex Parte McCownSupreme Court of North Carolina · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. CooperSupreme Court of North Carolina · 1962
- State v. . WebbSupreme Court of North Carolina · 1911
- State v. . SmithSupreme Court of North Carolina · 1911
- State v. AustinSupreme Court of North Carolina · 1955
- In Re HayesSupreme Court of North Carolina · 1931
23 more not listed; retrieve them via the Exa API.