In Re Williams
Supreme Court of North Carolina
PROCEEDINGS in habeas corpus, from Buree, heard before Justice, 9 June, 1908. The petitioner was duly convicted in the Superior Court of Burke County of the offense-of retailing spirituous liquors contrary to law, and whs sentenced to six months in jail, and to be worked on the roads of Gaston County.
Read the full summary
PROCEEDINGS in habeas corpus, from Buree, heard before Justice, 9 June, 1908. The petitioner was duly convicted in the Superior Court of Burke County of the offense-of retailing spirituous liquors contrary to law, and whs sentenced to six months in jail, and to be worked on the roads of Gaston County. On 2 May, 1908, the governor of the State issued a pardon containing the condition that the prisoner shall “pay all costs in the case and remain of good behavior, sober and industrious.” The pardon was delivered by the governor to E. L. Huffman, attorney for the petitioner Williams, with a…
1Opinion of the CourtBeowN, J.
The prisoner having been discharged, no practical purpose is to be subserved in prosecuting this appeal, even if the State had such right which, it is plainly intimated in State v. Miller, 97 N. C., 452, is not given the State. Proceedings in habeas corpus, the object of which is to release a person from illegal restraint, must necessarily be summary to be useful, and if action could be arrested by an appeal upon the part of the State, the great writ of liberty would be deprived of its most beneficial results.
This must be the legislative view, as no provision is made for such an appeal by the…
2Cases cited2 opinions
- United States v. WilsonSupreme Court of the United States · 1833
- Martin v. PaxsonSupreme Court of Missouri · 1877
3Cited by19 opinions
- Ex Parte CrumpCourt of Criminal Appeals of Oklahoma · 1913
- State Ex Rel. Gordon v. ZangerleOhio Supreme Court · 1940
- People Ex Rel. Sabatino v. JenningsNew York Court of Appeals · 1927
- Fletcher v. GrahamKentucky Supreme Court · 2006
- Matter of PaquetteSupreme Court of Vermont · 1942
14 more not listed; retrieve them via the Exa API.