In re Writ of Habeas Corpus in behalf of Schantz
North Dakota Supreme Court
Original writ of babeas corpus. Statement by Beuce, J. This is an original petition for the issuance of a writ.of habeas corpus, and for an order discharging the petitioner from the custody of the sheriff of Morton county, by whom he alleges that he is illegally detained. The defendant was duly indicted by the grand jury of Morton county on the 3d day of December, 1907. A change of venue was taken to Barnes county, North Dakota.
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Original writ of babeas corpus. Statement by Beuce, J. This is an original petition for the issuance of a writ.of habeas corpus, and for an order discharging the petitioner from the custody of the sheriff of Morton county, by whom he alleges that he is illegally detained. The defendant was duly indicted by the grand jury of Morton county on the 3d day of December, 1907. A change of venue was taken to Barnes county, North Dakota. The Hon. E. T. Burke, Judge of the fifth judicial district, presided at the trial. The defendant was convicted by a jury on or about February 5, 1908, two other…
1Opinion of the CourtBbuce, J.
(after stating the facts). In the case of State v. Winbauer, ante, 43, 143 N. W. 387, tbis court beld tbat tbe judgment rendered by tbe Hon. E. T. Burke at Bismarck on tbe 13tb day of February, a. d., 1908, was a valid judgment. Section 9513 of tbe Rev. Codes of 1905 provides tbat “tbe term of imprisonment fixed by tbe judgment in a criminal action commences to run only from the time of sentence of the defendant; but if thereafter, during sucb term, tbe defendant escapes, or by any legal means is temporarily released, from sucb imprisonment, and subsequently returned thereto, tbe time during…
2Cases cited33 opinions
- In re the Estate of CookCalifornia Supreme Court · 1888
- Dolan's CaseMassachusetts Supreme Judicial Court · 1869
- Gray v. PalmerCalifornia Supreme Court · 1865
- In re WebbWisconsin Supreme Court · 1895
- Dieffenbach v. . RochNew York Court of Appeals · 1889
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3Cited by5 opinions
- In re Hart for a Writ of Habeas CorpusNorth Dakota Supreme Court · 1914
- Re CookNorth Dakota Supreme Court · 1926
- State v. MillerNorth Dakota Supreme Court · 1988
- Weber v. MosleyMissouri Court of Appeals · 1951
- Logan v. EymanCourt of Appeals of Arizona · 1970