Legal Opinion

Spafford v. Benzie Circuit Judge

Michigan Supreme Court

Decided March 8, 1904No. Calendar No. 20,353PublishedCited by 5 opinions

Mandamus by Herbert E. Spafford to compel Clyde C. Chittenden, circuit judge of Benzie county, to discharge relator from custody.

1Opinion of the CourtHooker, J.

The relator was convicted of the offense of manslaughter in the circuit court for the county of Benzie. Before sentence fye received a pardon from the governor. A motion was thereupon made for his discharge, and the original pardon was delivered to the respondent, who had it in his possession up to the time of the hearing of the motion. This motion was denied, and ■a time fixed for relator’s further appearance. An order to show cause why the relator should not be discharged was issued by this court, accompanied by a stay of sentence, which relator apprehended, and the case is before us upon…

2Cases cited2 opinions

  1. People v. MarshMichigan Supreme Court · 1900
  2. Great Hive of the Ladies of the Maccabees v. Supreme Hive of the Ladies of the Maccabees of the WorldMichigan Supreme Court · 1904

3Cited by5 opinions

  1. Baker v. StateCourt of Criminal Appeals of Texas · 1913
  2. Jamison v. FlannerSupreme Court of Kansas · 1924
  3. Makowski v. GovernorMichigan Supreme Court · 2014
  4. In Re AndersonCalifornia Court of Appeal · 1939
  5. Makowski v. GovernorMichigan Supreme Court · 2014

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