In re Kelly ex rel. Osuna
Nevada Supreme Court
Original proceeding. Application by Frank P. Kelly, on bebalf of H. Osuna, for a writ of habeas corpus. The facts sufficiently appear in the opinion.
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Original proceeding. Application by Frank P. Kelly, on bebalf of H. Osuna, for a writ of habeas corpus. The facts sufficiently appear in the opinion. I. The statement made by the prosecutrix, Harry Averill, on the night of the 4th of October, the crime of rape being alleged to have been committed the preceding night, reduced to writing in the presence of Lovegrove, farmer of the Indian Reservation, and one Hance, a telegraph operator, and signed •by them as witnesses, was hearsay and should not have been admitted in evidence at the preliminary examination. The law provides that the witnesses…
1Opinion of the Court
By the Court,
Norcross, J.:
Upon the application of Frank P. Kelly, in behalf of H. Osuna, a writ of habeas corpus was issued returnable before this court.
It appears from the return of the writ that H. Osuna is held in the custody of J. F. Bradley, sheriff of Esmeralda County, upon a commitment of the justice of the peace of Hawthorne Township, to answer the charge of rape committed upon one Harriett Averill on the night of the 3d of October, 1905. It ■ is complained by petitioner that this commitment was issued without reasonable or probable cause, and in support of this contention the…
2Cases cited6 opinions
- People v. SimonsenCalifornia Supreme Court · 1895
- State v. Ah ChueyNevada Supreme Court · 1879
- Matthews v. StateSupreme Court of Alabama · 1876
- State v. HallWest Virginia Supreme Court · 1888
- In Re MitchellCalifornia Court of Appeal · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In re OxleyNevada Supreme Court · 1915
- Azbill v. StateNevada Supreme Court · 1968
- State v. FuchsNevada Supreme Court · 1962
- Goldsmith v. Sheriff of Lyon CountyNevada Supreme Court · 1969
- Sefton v. StateNevada Supreme Court · 1956
24 more not listed; retrieve them via the Exa API.