In re Knudtson
Idaho Supreme Court
APPLICATION for and on behalf of John Knndtson for a writ of habeas corpus. Hearing had after notice. It was wrong to have bound the petitioner over without any evidence whatever; this wrong cannot be cured even by a verdict of “guilty.” As to this matter, let us examine some of the authorities in the states of Idaho and California.
Read the full summary
APPLICATION for and on behalf of John Knndtson for a writ of habeas corpus. Hearing had after notice. It was wrong to have bound the petitioner over without any evidence whatever; this wrong cannot be cured even by a verdict of “guilty.” As to this matter, let us examine some of the authorities in the states of Idaho and California. Upon the hearing of the argument of this petition, it was suggested from the bench that perhaps the proper remedy would have been a motion to quash the information, and the case of State v. Bra&thwaite was called to the counsel’s attention; since then we have…
1Opinion of the Court
AILSHIE, J. —
The petitioner in this case having been convicted of the crime of arson, and now being held in custody by the warden of the state penitentiary under a commitment from the district court in and for Latah county, now seeks his discharge upon a writ of habeas corpus„ alleging as grounds therefor that the evidence produced against him at the preliminary examination prior to the filing of an information fails to disclose any crime or public offense committed by him, and that he was held upon such examination without reasonable or probable cause. It appears that an examination of the…
2Cases cited7 opinions
- Ex parte SternesCalifornia Supreme Court · 1889
- State v. ClarkIdaho Supreme Court · 1894
- Ex parte LongCalifornia Supreme Court · 1896
- Ex parte McConnellCalifornia Supreme Court · 1890
- State v. BraithwaiteIdaho Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. McGreeveyIdaho Supreme Court · 1909
- Freeman v. StateIdaho Supreme Court · 1964
- In re HeighoIdaho Supreme Court · 1910
- Application of MartinIdaho Supreme Court · 1955
- In re BaughIdaho Supreme Court · 1917
10 more not listed; retrieve them via the Exa API.