Legal Opinion

In re Montague

Michigan Supreme Court

Decided May 10, 1888PublishedCited by 3 opinions

Habeas corpus proceedings. Petitioner was convicted of adultery, and filed exceptions before judgment, and was admitted to bail, and pending the determination of the case he was arrested and sentenced. The facts are sufficiently stated in the opinion.

1Opinion of the CourtCampbell, J.

The prisoner, after conviction, took measures to obtain a bill of exceptions, which was signed' by the circuit judge, and removed, in the proper way, to this Court. He was already under bail for appearance in due time for sentence.

Subsequently the circuit judge, without any order from this Court, had him arrested and sentenced, the proceedings still pending in this Court, and refused bail, although finding that the questions were of a serious nature on the record returned here.

The statute (section 9578, How. Stat.) declares that—

“ Upon the signing of such exceptions, all further proceedings…

2Cited by3 opinions

  1. People v. BurkMichigan Supreme Court · 1927
  2. People v. MontagueMichigan Supreme Court · 1888
  3. People v. GiacaloneMichigan Court of Appeals · 1969

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