In re Ebanks
District Court, N.D. California
Joseph Jephet Ebanks was convicted of murder, and sentenced to death, and his application to the United States district court for a writ of habeas corpus was denied, whereupon lie appealed to the United States supreme court. Pending such appeal, the state court ordered that its sentence be carried out, and Ebanks brings this proceeding upon a writ of habeas corpus. Prior to the hearing herein, the state supreme court made an order staying the proceedings of the state court.
1Opinion of the Court
DE HAVEN, District Judge.
It appears that prior to October 8, 1897, the petitioner herein was convicted in the superior court of the county of San Diego, Cal., of the crime of murder, and thereupon adjudged by said court to suffer the penalty of death. On the said 8th day of October, application was made by tbe petitioner to this court for a writ of habeas corpus; and in the petition therefor it was alleged, among other things, that the said judgment of conviction was not based upon any indictment charging the petitioner with the commission of the crime of which he was thereby adjudged to have…
2Cases cited3 opinions
- In Re Shibuya JugiroSupreme Court of the United States · 1891
- People v. DurrantCalifornia Supreme Court · 1897
- Ex parte EdgarCalifornia Supreme Court · 1897
3Cited by4 opinions
- State v. JoubertNebraska Supreme Court · 1994
- Marsino v. HogsettDistrict Court, D. Massachusetts · 1930
- In re DurrantU.S. Circuit Court for the District of Northern California · 1898
- Marsino v. HogsettDistrict Court, D. Massachusetts · 1930