In re Boles
Court of Appeals for the Eighth Circuit
This is an application for a writ of habeas corpus to release from imprisonment one W. H. Boles, who is now, as it is said, confined in the Ohio state penitentiary at Columbus, Ohio, under a sentence imposed by the district coart of Logan county, territory of Oklahoma, at its adjourned September term, 1890. The petition for the writ charges that the court before whom the petitioner was tried, convicted, and sentenced for horse-stealing had no jurisdiction of the offense for…
Read the full summary
This is an application for a writ of habeas corpus to release from imprisonment one W. H. Boles, who is now, as it is said, confined in the Ohio state penitentiary at Columbus, Ohio, under a sentence imposed by the district coart of Logan county, territory of Oklahoma, at its adjourned September term, 1890. The petition for the writ charges that the court before whom the petitioner was tried, convicted, and sentenced for horse-stealing had no jurisdiction of the offense for which he was tried, and that tho sentence imposed was for that reason void. It also states in detail the several facts…
1Opinion of the Court
Thayeb, J.,
(after stating the facts as above.) It will be observed that' we are asked to award a writ of habeas corpus to be served at a place outside of the territorial jurisdiction of this court, for the purpose of securing the release of a person who is there confined, and we are of the opinion that we have no authority to award such a writ. It certainly cannot be maintained that this court has power to release persons who are unlawfully restrained of their liberty in any part of the United States under color of process of a federal court, as the supreme court may do yet such would be the…
2Cases cited4 opinions
- In Re BurrusSupreme Court of the United States · 1890
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- Ex Parte ParksSupreme Court of the United States · 1876
- Ex parte GrahamU.S. Circuit Court for the District of Eastern Pennsylvania · 1818
3Cited by14 opinions
- Ex Parte EndoSupreme Court of the United States · 1945
- Ahrens v. ClarkSupreme Court of the United States · 1948
- Jones v. BiddleCourt of Appeals for the Eighth Circuit · 1942
- Sanders v. BradyDistrict Court, D. Maryland · 1944
- Phillips v. HiattDistrict Court, D. Delaware · 1949
9 more not listed; retrieve them via the Exa API.