In re Packer
Supreme Court of Colorado
Original Proceeding. Petition of Alfred Packer for a writ of habeas corpus. At the April term, A. D. 1883, of the district court of Hinsdale county, the grand jury returned five separate indictments for murder against this petitioner.
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Original Proceeding. Petition of Alfred Packer for a writ of habeas corpus. At the April term, A. D. 1883, of the district court of Hinsdale county, the grand jury returned five separate indictments for murder against this petitioner. The cases were afterwards docketed in the district court, numbered respectively 237, 238, 239, 240 and 241. The indictments all charged that the offenses were committed by the prisoner in Hinsdale county, on the first day of March, 1874. In the first of these indictments he was charged with the murder of Israel Swan; in the second, with the murder of Shannon…
1Opinion of the CourtChief Justice Hayt
It is contended that the district court had no power to *528order a consolidation of the five cases. It is to be noticed in limine, that only jurisdictional questions cau be reviewed in this proceeding by habeas corpus, leaving the parties aggrieved by any step that is merely erroneous to the usual remedy by a writ of error. Ex parte Farnham, 3 Colo. 545.
Whether it was error to consolidate these cases for trial and submit them to one jury, are questions that are not properly before us upon this application. The district court having jurisdiction of the defendant, and jurisdiction of the offenses…
2Cases cited4 opinions
- Mills v. CommonwealthSupreme Court of Pennsylvania · 1850
- Parker v. PeopleSupreme Court of Colorado · 1889
- Mims v. StateSupreme Court of Minnesota · 1880
- Ex parte FarnhamSupreme Court of Colorado · 1877
3Cited by24 opinions
- Wallace v. StateSupreme Court of Florida · 1899
- In the Interest of ClintonSupreme Court of Colorado · 1988
- Prinster v. District Court of Seventh Judicial Dist.Supreme Court of Colorado · 1958
- Packer v. PeopleSupreme Court of Colorado · 1899
- Urbancich v. MayberrySupreme Court of Colorado · 1951
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