Ex parte Larkin
Nevada Supreme Court
Habeas Corpus before tbe Supreme Court. Tbe facts are stated in tbe opinion. I. No showing wa,s made, and no reason, in fact, given for either of the orders made by the court adjourning tbe bearing of tbe case. II.
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Habeas Corpus before tbe Supreme Court. Tbe facts are stated in tbe opinion. I. No showing wa,s made, and no reason, in fact, given for either of the orders made by the court adjourning tbe bearing of tbe case. II. Tbe record in tbis case does not sbow that tbe destruction of tbe indictment by fire, or tbe sickness of tbe district attorney, were in .fact tbe causes or reasons tbat moved tbe mind of tbe court to make tbe orders, nor were tbey the real reasons, in fact, which lay at tbe foundation of tbe orders. III. Tbe cause not having been tried at the October term, and no showing made, and…
1Opinion of the Court
By the Court,
Hawley, C. J.:
Petitioner having been indicted at the Juno term, A. d. 1875, of the district court in Storey county, and not having a trial at the next term of the court, asks to be discharged from custody in pursuance of section 582 of the criminal practice act, which provides: “If a defendant, indie ted-for a public offense, whose trial has not been postponed upon his application, be not brought to trial at the next term of the court at which the indictment is triable, after the same is found, the. court shall order the indictment to be dismissed, unless good cause to the…
2Cases cited2 opinions
- Ex parte StanleyNevada Supreme Court · 1868
- Ex parte WaltonSupreme Court of Pennsylvania · 1837
3Cited by9 opinions
- State v. SquierNevada Supreme Court · 1936
- State Ex Rel. Sims v. CaruthersCourt of Criminal Appeals of Oklahoma · 1908
- State v. LeeOregon Supreme Court · 1924
- In re TramnerNevada Supreme Court · 1912
- Application of HansenNevada Supreme Court · 1963
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