Legal Opinion

In re Williams

Nevada Supreme Court

Decided January 15, 1920No. 2425PublishedCited by 3 opinions

Original proceeding. Application of John J. Willaims for a writ of habeas corpus. Petitioner claims the protection of habeas corpus, for the reason that the district court is without jurisdiction, under the facts related and as shown by the record.

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Original proceeding. Application of John J. Willaims for a writ of habeas corpus. Petitioner claims the protection of habeas corpus, for the reason that the district court is without jurisdiction, under the facts related and as shown by the record. Ex Parte Dela, 25 Nev. 346; In Re Williams, 116 Cal. 512; Ex Parte Baker, 88 Cal. 84. The court having sustained a demurrer, with mere leave to file another information, such leave to file is not sufficient direction or order by the court, as contemplated by the statute. Rev. Laws, 7101. Such permissive order is not equivalent to a direction or…

1Opinion of the Court

By the Court,

Coleman, C. J.:

Petitioner was informed against for embezzlement. To the information a demurrer was filed which, after argument, was sustained by the court. The district attorney, anticipating the result, had prepared a new information, and at the time the demurrer was sustained asked leave of court to fine a new information, which was granted. Thereafter counsel for defendant made a motion to dismiss the information upon the ground that it had been filed without due authority of law. After argument and due consideration, the motion was denied. *344Thereupon the defendant filed his…

2Cases cited5 opinions

  1. Ex parte WilliamsCalifornia Supreme Court · 1897
  2. People v. O'LearyCalifornia Supreme Court · 1888
  3. People v. JordanCalifornia Supreme Court · 1883
  4. Matter of Application of HughesCalifornia Supreme Court · 1911
  5. In re PierceIdaho Supreme Court · 1902

3Cited by3 opinions

  1. Garnick v. First Judicial District CourtNevada Supreme Court · 1965
  2. Pueblo v. Calero PelegrinaSupreme Court of Puerto Rico · 1948
  3. People v. Calero PelegrinaSupreme Court of Puerto Rico · 1948

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