In re Moriarity for a Writ of Habeas Corpus
Nevada Supreme Court
Original proceeding. Application of Mike Moriarity for a writ of habeas corpus to secure release from the custody of the sheriff of Nye County, who was holding him under indictment. There has been unnecessary delay by the prosecution in bringing petitioner to trial. The postponement should have been upon the application of one of the parties., and upon affidavit. There could be no presumption that petitioner had made application for a postponement.
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Original proceeding. Application of Mike Moriarity for a writ of habeas corpus to secure release from the custody of the sheriff of Nye County, who was holding him under indictment. There has been unnecessary delay by the prosecution in bringing petitioner to trial. The postponement should have been upon the application of one of the parties., and upon affidavit. There could be no presumption that petitioner had made application for a postponement. Rev. Laws, 7126; State v. Dewey, 88 Pac. 881. Neither can it be said that petitioner waived objection to the postponement, as he was given no…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This is an original proceeding in habeas corpus.
It appears from the return to the writ that petitioner is held by the sheriff of Nye County under an indictment returned by the grand jury of that county.
On January 14, 1920, the petitioner and one M. C. Sullivan were separately indicted by the grand jury of Nye' County for similar offenses, and on February 7, 1920, the two cases were set for trial for March 29, 1920, with the understanding that the Moriarity case should follow the Sullivan case. On April 24 the court raised the bond of petitioner from $2,500 to…
2Cases cited6 opinions
- Matter of RuefCalifornia Supreme Court · 1907
- Clark v. CommonwealthSupreme Court of Pennsylvania · 1858
- Ex parte StanleyNevada Supreme Court · 1868
- In re McGee for a Writ of Habeas CorpusNevada Supreme Court · 1920
- Ex parte LarkinNevada Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. SquierNevada Supreme Court · 1936
- Miller v. WestNevada Supreme Court · 1972
- Delaney v. ShobeOregon Supreme Court · 1959
- Logan v. WardenNevada Supreme Court · 1970
- Taylor v. StateMississippi Supreme Court · 1943
3 more not listed; retrieve them via the Exa API.