Carpenter v. Lord
Oregon Supreme Court
From Multnomah.: John P. Kavanaugh, Judge. In Banc. The plaintiff, Ida Carpenter, acting in behalf of her husband, E. H. Carpenter, sued out a writ of habeas corpus in the Circuit Court for Multnomah County against the sheriff of that county and one Frank Lord, the latter of whom avers that he is the agent of the State of California commissioned to return Carpenter to that state on extradition process.
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From Multnomah.: John P. Kavanaugh, Judge. In Banc. The plaintiff, Ida Carpenter, acting in behalf of her husband, E. H. Carpenter, sued out a writ of habeas corpus in the Circuit Court for Multnomah County against the sheriff of that county and one Frank Lord, the latter of whom avers that he is the agent of the State of California commissioned to return Carpenter to that state on extradition process. The defendant sheriff first stated that he held Carpenter by virtue of a commitment from the Municipal Court of the City of Portland charging him with being a fugitive from the justice of the…
1Dissent
McCAMANT, J.,
Dissenting. — I think that Carpenter was not in custody within the meaning of the word *139as used in Section 1874, L. O. L. Under the parole statute, Session Laws 1911, page 152, a defendant to whom a parole is granted is permitted “to go and remain at large under the supervision of the court.” The question involved in State v. Goddard, 69 Or. 73 (133 Pac. 90, 138 Pac. 243, Ann. Cas. 1916A, 146), was whether a defendant convicted and paroled was entitled to appeal from the judgment of conviction. In the discussion of this question the court used the language quoted in the majority…
2Cases cited14 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- State v. GoddardOregon Supreme Court · 1913
- Abrams v. StateWashington Supreme Court · 1907
- Beard v. StateSupreme Court of Arkansas · 1906
- American Mortgage Co. v. TennilleSupreme Court of Georgia · 1891
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