Legal Opinion

In re Scrafford

Supreme Court of Arkansas

Decided January 15, 1879PublishedCited by 6 opinions

Original Proceedings in Habeas Corpus. Petition filed in this court on the 24th of January, 1879, on behalf of Charles G. Scrafford, for a writ of habeas corpus.

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Original Proceedings in Habeas Corpus. Petition filed in this court on the 24th of January, 1879, on behalf of Charles G. Scrafford, for a writ of habeas corpus. The petition states in substance the following facts: Your petitioner represents that from and since the 9th day of January, 1879, he has been, and that he now is, unlawfully restrained of his rights and privileges as a citizen of Kansas, and deprived of his liberty and personal freedom by W. D. Disbrow, the sheriff of Shawnee county, in said state; that he is by said Disbrow unlawfully confined in, the common jail of said county, at…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The petitioner claims that by the close of the August term and the commencement of the January term, before the case had been finally submitted to the jury, the power of the court to proceed further in the trial ceased, and that all procéédings had in the case subsequent to the commencement of the January term, were illegal and void; and secondly, that though such subsequent proceedings were illegal and void, yet that inasmuch as at the August term, a jury had been impanneled and sworn and testimony received, the defendant had been placed in…

2Cases cited1 opinion

  1. Ex parte PhillipsSupreme Court of Kansas · 1871

3Cited by6 opinions

  1. Tarpenning v. CannonSupreme Court of Kansas · 1882
  2. State v. PryorSupreme Court of Kansas · 1894
  3. In re GraySupreme Court of Kansas · 1902
  4. In re McKennaSupreme Court of Kansas · 1916
  5. In re WheatleySupreme Court of Kansas · 1923

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