Smith v. Clausmeier

The appellant filed his petition for a writ of habeas corpus, alleging that he was unlawfully restrained of his liberty in the jail of Allen county, by the appellee, who is the sheriff of said county.

On the issue of the writ, the sheriff’s return showed that the appellant was held on a mittimus issued by Daniel Ryan, a justice of the peace of Wayne township, said county, issued upon a judgment of conviction for vagrancy. It was further averred in the return, that the appellant had been tried on a plea of not guilty, on an affidavit filed by one Henry Meyers, and that the judgment was…