In re Hernandez
District Court, D. Alaska
This is a hearing on a writ of habeas corpus. By the answer filed, which may be taken as the return provided by statute, the cause or justification of the detention is declared to be the following: (1) That the offense of being accessory to a felony was committed by petitioner, in violation of section 187, Alaska Criminal Code. (2) That petitioner was regularly charged with that offense.
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This is a hearing on a writ of habeas corpus. By the answer filed, which may be taken as the return provided by statute, the cause or justification of the detention is declared to be the following: (1) That the offense of being accessory to a felony was committed by petitioner, in violation of section 187, Alaska Criminal Code. (2) That petitioner was regularly charged with that offense. (3) That a preliminary hearing upon said charge was' regularly had by said commissioner, upon a complaint duly made charging petitioner with a violation of said section. (4) That petitioner was regularly…
1Opinion of the Court
JENNINGS, District Judge.
Section 187, Alaska Criminal Code, is section 2068, Compiled Daws Alaska 1913.
It is first objected that the commitment does not state a crime.
The commitment is headed:
“United States Commissioner’s Court for the District of Alaska, First Division, Precinct of Wrangell. United States of America v. Antonio Hernandez. Violation of Section 187, Chapter 13, of the Alaska Criminal Code”
—and is signed by Wm. G. Thomas, United States commissioner and ex officio justice of the peace, residing at Wrangell. It recites this:
“An order having this day heen made by me that Antonio…
2Cases cited23 opinions
- Ex Parte Tom TongSupreme Court of the United States · 1883
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Ex parte PrinceSupreme Court of Florida · 1891
- State ex rel. Moreland v. WhitfordWisconsin Supreme Court · 1882
- Jones v. DarnallIndiana Supreme Court · 1885
18 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. GottschalkCourt of Appeals of Alaska · 2006
- State v. GottschalkCourt of Appeals of Alaska · 2006