Legal Opinion

In re Williams for a Writ of Habeas Corpus

Nevada Supreme Court

Decided July 15, 1916No. 2247PublishedCited by 1 opinion

Original proceeding. Application for writ of habeas corpus by Phil A. Williams and another. The petitioners should be discharged. There is absolutely no justification for the holding of defendant Williams, and nothing except suspicion upon which to hold Lathrop.

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Original proceeding. Application for writ of habeas corpus by Phil A. Williams and another. The petitioners should be discharged. There is absolutely no justification for the holding of defendant Williams, and nothing except suspicion upon which to hold Lathrop. The testimony taken and received at the preliminary hearing does not show, or tend to show, that petitioners committed the offense charged, or any public offense whatsoever; it does not show, or tend to show, that they committed any offense lesser than, or contained within, the offense charged, or which might be a part of the offense…

1Opinion of the Court

By the Court,

McCarran, J.:

This is an original proceeding in habeas corpus. By the petition it appears that one Phil A. Williams and one John E. Lathrop were charged before the justice of the peace of Lake township, Humboldt County, with the crime of larceny from the person under circumstances not amounting to robbery. A preliminary examination was held, and the testimony in its entirety, as given and had at that examination, is made á part of the petition here.

The sole ground upon which petitioner relies for the release of the parties restrained of their liberty is that the evidence fails to…

2Cases cited3 opinions

  1. State v. LeeMontana Supreme Court · 1905
  2. In re Kelly ex rel. OsunaNevada Supreme Court · 1905
  3. In re Molino for a Writ of Habeas CorpusNevada Supreme Court · 1916

3Cited by1 opinion

  1. Application of KlineNevada Supreme Court · 1955

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