Legal Opinion

In re Ascher

Michigan Supreme Court

Decided May 19, 1902No. Calendar No. 19,140PublishedCited by 44 opinions

Habeas corpus by Edward Ascher to the sheriff of Wayne county, with ancillary writ of certiorari to Judge Murphy, of the recorder’s court of Detroit, to obtain a discharge from custody on a charge of murder.

1Opinion of the Court

Moore. J.

The petitioner is now detained by the sheriff of the county of Wayne, pending an indictment ■charging him with the murder of Valmore C. Nichols. The petition filed in this cause for his discharge shows that said charge is still pending and undetermined in the recorder’s court of the city of Detroit. Petitioner claims he has once been in jeopardy, within the meaning of the Constitution of the State and of the United States, and cannot again be tried, but is entitled to his discharge. '

After the jury was obtained and a portion of the witnesses for the people were sworn, information…

2Cases cited10 opinions

  1. United States v. PerezSupreme Court of the United States · 1824
  2. Simmons v. United StatesSupreme Court of the United States · 1891
  3. Thompson v. United StatesSupreme Court of the United States · 1894
  4. People v. HardingMichigan Supreme Court · 1884
  5. United States v. ShoemakerU.S. Circuit Court for the District of Illinois · 1840

5 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. People v. GrimmettMichigan Supreme Court · 1972
  2. People v. JohnsonMichigan Supreme Court · 1976
  3. People v. NuttMichigan Supreme Court · 2004
  4. People v. WakefordMichigan Supreme Court · 1983
  5. People v. SmithMichigan Supreme Court · 2007

39 more not listed; retrieve them via the Exa API.

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