In re Molino for a Writ of Habeas Corpus
Nevada Supreme Court
Original proceeding. Application by Stanley Molino for a writ of habeas corpus. The writ should be granted and perpetuated and the petitioner discharged. There is no testimony or other evidence in the record to establish any probability that petitioner committed the crime alleged, or any crime, or that a crime was committed. The cross-examination of the only witness tending to connect petitioner with the alleged crime shows that her statements were merely surmises.
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Original proceeding. Application by Stanley Molino for a writ of habeas corpus. The writ should be granted and perpetuated and the petitioner discharged. There is no testimony or other evidence in the record to establish any probability that petitioner committed the crime alleged, or any crime, or that a crime was committed. The cross-examination of the only witness tending to connect petitioner with the alleged crime shows that her statements were merely surmises. The object of cross-examination is to weaken or disprove the case of one’s adversary. (40 Cyc. 2477; Ferguson v. Rutherford, 7…
1Opinion of the Court
By the Court,
Norcross, C. J.:
This is an original proceeding in habeas corpus. By stipulation of respective counsel the matter was heard upon the petition and the demurrer thereto. The petition alleges that petitioner is unlawfully held and restrained of his liberty by the sheriff of Humboldt County. Upon *362a commitment of the justice of the peace of Lovelock township, petitioner was held to answer to the crime of an assault with a déadly weapon with intent to do bodily injury to one P. H. Wolf, alleged to have been committed on the 17th day of April, 1916. It is the contention of petitioner…
2Cases cited5 opinions
- Ex Parte HeacockCalifornia Court of Appeal · 1908
- In re OxleyNevada Supreme Court · 1915
- In re Kelly ex rel. OsunaNevada Supreme Court · 1905
- State v. KnudtsonIdaho Supreme Court · 1905
- In Re MitchellCalifornia Court of Appeal · 1905
3Cited by5 opinions
- Goldsmith v. Sheriff of Lyon CountyNevada Supreme Court · 1969
- Ex parte LiotardNevada Supreme Court · 1923
- Application of KlineNevada Supreme Court · 1955
- Application of GoldblattNevada Supreme Court · 1958
- In re Williams for a Writ of Habeas CorpusNevada Supreme Court · 1916