Legal Opinion

Ex parte Eagan

Supreme Court of Florida

Decided January 15, 1881PublishedCited by 8 opinions

The petition for a writ of habeas corpus was filed in the Supreme Court February 15, 1881. The writ issued on same day, returnable before the court. The petition represents that petitioner, Dennis Eagan, is confined in the county jail of Leon county by Alexander Moseley, sheriff of such county, without authority of law ; that petitioner is informed that he is held under a warrant issued by one Witherspoon, a.

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The petition for a writ of habeas corpus was filed in the Supreme Court February 15, 1881. The writ issued on same day, returnable before the court. The petition represents that petitioner, Dennis Eagan, is confined in the county jail of Leon county by Alexander Moseley, sheriff of such county, without authority of law ; that petitioner is informed that he is held under a warrant issued by one Witherspoon, a. Justice of the Peace of Madison county, upon the charge of aiding and abetting the commission of a murder; it denies that he is guilty of any crime as alleged. The other allegations of…

1Opinion of the CourtJustice Westcott

The petition in this case discloses that the petitioner has been arrested under a warrant by a Justice of the Peace after being, charged upon affidavit with feloniously, aiding and abetting the murder of Prank Paterson. No preliminary examination by the magistrate issuing the warrant followed its issuance. The petitioner here seeks an examination and proper order at the hands of this court.

The first question which it is suggested arises concerns the jurisdiction and power of the court. We have examined this question. We have no doubt of our power, under the statute of this State, to hear the…

2Cited by8 opinions

  1. In Re MooneyCalifornia Supreme Court · 1937
  2. Ex-Parte WellsSupreme Court of Florida · 1885
  3. McClellan v. SolomonSupreme Court of Florida · 1887
  4. Benjamin v. StateSupreme Court of Florida · 1889
  5. Ex parte HatcherSupreme Court of Florida · 1923

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