Petition of Moebus
Supreme Court of New Hampshire
Petition, for a writ of habeas corpus, filed September 21, 1905. The petitioner alleges, in substance, that he was brought into this jurisdiction from the state of New York, of which he is a resident, upon a requisition issued by the governor of this state, and was committed to the state prison, where he has been held as a convict since November 8, 1900; that he was committed without due formality of law and is illegally detained ; and that he has not been informed “by a…
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Petition, for a writ of habeas corpus, filed September 21, 1905. The petitioner alleges, in substance, that he was brought into this jurisdiction from the state of New York, of which he is a resident, upon a requisition issued by the governor of this state, and was committed to the state prison, where he has been held as a convict since November 8, 1900; that he was committed without due formality of law and is illegally detained ; and that he has not been informed “by a competent court” why he is thus deprived of his liberty. The prayer is that the warden of the state prison may be ordered…
1Opinion of the CourtParsons, C. J.
The petitioner is now confined in the state prison under a decree of the court sentencing one Mark Shinborn to ten years’ imprisonment. If the petitioner is Moebus. and not Shinborn, he is illegally confined and is entitled to be discharged. Unless the question of identity has been determined against him by some court with jurisdiction of the question, in a proceeding to which he and the state were parties, so that he is estopped by legal adjudication to now contend that he is not Shinborn, the petitioner is entitled to process which will enable him to try that question, and to a discharge if…
2Cases cited1 opinion
- Dolan's CaseMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- White v. PearlmanCourt of Appeals for the Tenth Circuit · 1930
- Commonwealth v. GullickMassachusetts Supreme Judicial Court · 1982
- State v. LewisSupreme Court of North Carolina · 1968
- Commonwealth Ex Rel. Meinzer v. SmithSuperior Court of Pennsylvania · 1935
- Commonwealth ex rel. Carmelo v. BurkeSuperior Court of Pennsylvania · 1951
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