Legal Opinion

In re Davis

Idaho Supreme Court

Decided February 27, 1913PublishedCited by 14 opinions

Original application for a writ of habeas corpus. Writ issued and hearing had upon return thereto. Whether or not the court exceeded its jurisdiction in imposing sentence has been often inquired into on habeas corpus proceedings in court, notwithstanding the prisoner had the right to appeal. (Ex parte Cox, 3 Ida. 536, 95 Am.

Read the full summary

Original application for a writ of habeas corpus. Writ issued and hearing had upon return thereto. Whether or not the court exceeded its jurisdiction in imposing sentence has been often inquired into on habeas corpus proceedings in court, notwithstanding the prisoner had the right to appeal. (Ex parte Cox, 3 Ida. 536, 95 Am. St. 29, 32 Pac. 197; Be Lucas, 17 Ida. 164, 104 Pac. 657; Be Walton, 17 Ida. 171, 104 Pac. 659; Be Chase, 18 Ida. 561, 110 Pae. 1036; In re Corryell, 22 Cal. 179.) Courts of justices of the peace have uniformly been treated in California as “inferior courts, in favor of…

1Opinion of the CourtAilshie, C. J.

— Petitioner seeks her discharge from imprisonment through means of a writ of habeas corpus, and alleges that she is detained and restrained of her liberty wrongfully and unlawfully.

It appears from the application of petitioner that on the second day of January, 1913, W. N. Reeves, chief of police of Boise City, filed a criminal complaint against the petitioner charging her “on information and belief” with the crime of vagrancy, and alleging that she had violated the ordinances of Boise City in relation thereto. She was taken before the police magistrate and was convicted of the violation of…

2Cases cited5 opinions

  1. State v. GleasonSupreme Court of Kansas · 1884
  2. State v. BlackmanSupreme Court of Kansas · 1884
  3. In re KnudtsonIdaho Supreme Court · 1905
  4. Ex parte ClarkCalifornia Supreme Court · 1890
  5. People ex rel. McLoughlin v. WilsonNew York Supreme Court · 1895

3Cited by14 opinions

  1. Cobas v. ClappIdaho Supreme Court · 1957
  2. Application of MartinIdaho Supreme Court · 1955
  3. In Re BottjerIdaho Supreme Court · 1927
  4. Wilson v. StateIdaho Supreme Court · 1966
  5. In Re BatesIdaho Supreme Court · 1942

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API