Legal Opinion

Kennedy v. Howard

Indiana Supreme Court

Decided May 15, 1881No. 9118PublishedCited by 19 opinions

Appeal from the judgment of the Hon. Charles P. Ferguson, Judge of the 4th Judicial Circuit, in proceedings in habeas corpus in vacation in the county of Clark.

1Opinion of the CourtWorden, J.

In November, 1871, the appellant, Kennedy, was convicted in the Shelby Circuit Court of the crime of assault and battery with intent to commit murder, and was adjudged to suffer imprisonment in the state-prison for the period of eight years. He was accordingly imprisoned in the state-prison south; and having served out the term specified, and the appellee, as the warden of the prison, refusing to discharge him, he instituted these proceedings, and asked to be discharged from custody.

The appellee made return to the writ, showing the ground on which he retained the appellant in custody in the…

2Cases cited4 opinions

  1. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  2. Miller v. AllenIndiana Supreme Court · 1858
  3. Ex parte MeyersSupreme Court of Missouri · 1869
  4. Kennedy v. StateIndiana Supreme Court · 1879

3Cited by19 opinions

  1. Ponzi v. FessendenSupreme Court of the United States · 1922
  2. State v. KeefeWyoming Supreme Court · 1908
  3. Frankel v. WoodroughCourt of Appeals for the Eighth Circuit · 1925
  4. Ex parte LamarCourt of Appeals for the Second Circuit · 1921
  5. Baromich v. StateIndiana Supreme Court · 1969

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