Patterson v. State
Supreme Court of New Jersey
On certiorari. This writ brings up certain proceedings had before Justice Scudder, upon a return to a writ of habeas corpus, allowed upon the petition of Frank Patterson, who was in the custody of the sheriff of Monmouth county.
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On certiorari. This writ brings up certain proceedings had before Justice Scudder, upon a return to a writ of habeas corpus, allowed upon the petition of Frank Patterson, who was in the custody of the sheriff of Monmouth county. The petition set out that the cause or pretence of such confinement was because of a certain indictment for forgery presented by the grand jury of Monmouth county, of the term of October, 1884; that the said imprisonment was alleged to be illegal because the indictment was found by' a grand jury which the sheriff did not cause to come before the Court of Oyer and…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The first five reasons assigned for the reversal of the order below, remanding the prosecutor, are directed against the sufficiency of the return made by the sheriff in matter of form. I say in matter of form, because it cannot be insisted with any degree of plausibility, that if the facts set *330out in the sheriff’s return be true, the prosecutor was not properly in custody. The fact that he had been indicted, discharged on bail, surrendered by his surety, brought into court repeatedly for trial, and remanded to custody, all appear upon the face…
2Cases cited3 opinions
- People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
- In re HopsonNew York Supreme Court · 1863
- Glover's caseMassachusetts Supreme Judicial Court · 1872
3Cited by11 opinions
- Theodore R. Allen v. E. P. Perini, SuperintendentCourt of Appeals for the Sixth Circuit · 1970
- Griswold v. StateSupreme Court of Florida · 1919
- State ex rel. Bales v. BaileySupreme Court of Minnesota · 1908
- State Ex Rel. Sims v. CaruthersCourt of Criminal Appeals of Oklahoma · 1908
- In Re DavisNew Jersey Court of Chancery · 1930
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