Legal Opinion

In re Miles

Supreme Court of Vermont

Decided February 15, 1880PublishedCited by 12 opinions

Habeas Corpus, coram Barrett, J., and by him adjourned to this term. The relator was indicted at the September Term, 1874, of Washington County Court for burglary committed upon tbe Barre Bank. A warrant was issued on the indictment for his arrest, and put into the hands of the sheriff of said county.

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Habeas Corpus, coram Barrett, J., and by him adjourned to this term. The relator was indicted at the September Term, 1874, of Washington County Court for burglary committed upon tbe Barre Bank. A warrant was issued on the indictment for his arrest, and put into the hands of the sheriff of said county. The Governor of Vermont had made requisition upon the Governor of New York for Miles as a fugitive from justice, and an order had been issued by the Governor of New York to the sheriff of the City and County of New York for the arrest of Miles, and the delivery of him to the agent of Vermont.…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

The sheriff of Washington County was holding a warrant for the arrest of Miles upon the pending indictment against him. He found Miles within his precinct. He had official authority, and it was his official duty, to make the arrest commanded by said warrant, without regard to the means by which Miles had been brought within his reach and power. The law*611fulness of such arrest and ensuing detention was in no respect affected by the character of such means. If any parties, by the use of such means as were resorted to to get Miles within the…

2Cases cited1 opinion

  1. State v. BrewsterSupreme Court of Vermont · 1835

3Cited by12 opinions

  1. State ex rel. Brown v. StewartWisconsin Supreme Court · 1884
  2. Ex Parte YoustlerCourt of Criminal Appeals of Oklahoma · 1928
  3. State v. PattersonSupreme Court of Missouri · 1893
  4. In re DurantSupreme Court of Vermont · 1887
  5. Rutledge v. KraussSupreme Court of New Jersey · 1906

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