In re Thompson
Montana Supreme Court
On petition for a writ of habeas corpus. Statement of facts, prepared by the judge delivering the opinion. The defendant was indicted in the Fifth Judicial District for rape. He was placed upon trial before a jury. After the State had produced all the testimony at its command, the defendant asked the court to peremptorily instruct the jury to acquit.
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On petition for a writ of habeas corpus. Statement of facts, prepared by the judge delivering the opinion. The defendant was indicted in the Fifth Judicial District for rape. He was placed upon trial before a jury. After the State had produced all the testimony at its command, the defendant asked the court to peremptorily instruct the jury to acquit. The court declined to give the instruction in terms as requested, but gave the following: “The State having failed to make out their case, gentlemen of the jury, you may find a verdict of not guilty/’ The jury then retired to consider their…
1Opinion of the CourtDe Witt, J.
The petitioner purports not to contend that the writ of habeas corpus is a writ of error. He announces his position to be that the judgment of the Distinct Court, by virtue of which he is confined, is null and void. If this be correct, the writ lies. The Fifth District Court was a court of competent criminal jurisdiction. It had jurisdiction of the person of the defendant, and of the offense. It had jurisdiction to pronounce the judgment in question. The petitioner is in custody upon a final judgment of a competent court.
The statute of the State upon the subject of habeas corpus has the…
2Cases cited19 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte YarbroughSupreme Court of the United States · 1884
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Ex Parte WilsonSupreme Court of the United States · 1885
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3Cited by14 opinions
- State Ex Rel. Johnson v. BroderickNorth Dakota Supreme Court · 1947
- State v. ThompsonMontana Supreme Court · 1891
- State v. McCafferyMontana Supreme Court · 1895
- Pumphrey v. Empire Lath and PlasterMontana Supreme Court · 2006
- In re ShafferMontana Supreme Court · 1924
9 more not listed; retrieve them via the Exa API.