In re La Vere for a Writ of Habeas Corpus
Nevada Supreme Court
Original proceeding. Application for writ of habeas corpus by Edson La Vere, held in custody for extradition. If petitioner supported his wife and child until the day he left the State of New Jersey, he cannot be guilty of the offense upon which the requisition for his extradition is based, and is not therefore a fugitive from justice. {In Re Kuhns, 36 Nev. 487.) Petitioner should be remanded to the custody of the sheriff for extradition to the demanding state.
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Original proceeding. Application for writ of habeas corpus by Edson La Vere, held in custody for extradition. If petitioner supported his wife and child until the day he left the State of New Jersey, he cannot be guilty of the offense upon which the requisition for his extradition is based, and is not therefore a fugitive from justice. {In Re Kuhns, 36 Nev. 487.) Petitioner should be remanded to the custody of the sheriff for extradition to the demanding state. The facts in In Re Kuhns do not apply. In that case there was a contract between the husband and wife to live separate and apart. In…
1Opinion of the Court
By the Court,
Norcross, C. J.:
This is an original proceeding in habeas corpus. The return to the writ showed that petitioner was held in custody upon an executive warrant issued by the governor of this state upon requisition of the governor of the State of New Jersey. It appears from the requisition papers that petitioner was charged with the crime of wife and child desertion, committed in the county of Essex, State of New Jersey, on the 17th day of July, 1915.
Upon appearance in court upon the return to the writ it was stipulated by counsel for the respective parties that the hearing be…
2Cases cited2 opinions
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- In re KuhnsNevada Supreme Court · 1913
3Cited by9 opinions
- State Ex Rel. Orsborn v. FoglianiNevada Supreme Court · 1966
- Schein v. GallivanSupreme Court of Missouri · 1928
- Epp v. StateNevada Supreme Court · 1991
- Ex Parte FiltzerNevada Supreme Court · 1940
- Finch v. WestNebraska Supreme Court · 1921
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