In re Moyer
Idaho Supreme Court
APPLICATION of Charles H. Moyer, for a writ of habeas corpus. Writ issued and case heard and considered on the return and supplemental return of the officer and the answer of the prisoner, after which writ is quashed and the prisoner remanded to the custody of the officer. If the accused was only constructively in the state committing a crime against it, although not personally within its borders, he has not fled from it and is not a fugitive from justice.
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APPLICATION of Charles H. Moyer, for a writ of habeas corpus. Writ issued and case heard and considered on the return and supplemental return of the officer and the answer of the prisoner, after which writ is quashed and the prisoner remanded to the custody of the officer. If the accused was only constructively in the state committing a crime against it, although not personally within its borders, he has not fled from it and is not a fugitive from justice. (19 Ency. of Law & Pr. 87.) A citizen of one state, charged in a requisition with the constructive commission of crime in another state,…
1Opinion of the CourtAilshie, J.
The prisoner, Charles H. Moyer, applied to this court, through his counsel, for a writ of habeas corpus, requiring E. L. Whitney, warden of the state penitentiary, to produce the body of the prisoner at a time and place to be designated by the court, and to make true return of the cause or causes of his detention. A writ was thereupon issued, and the warden, at the time designated, produced the body of the prisoner in court, and made return that he was detaining him under order of the probate judge of Canyon county, and for that purpose as the agent of the sheriff of Canyon county. The return…
2Cases cited24 opinions
- Ker v. IllinoisSupreme Court of the United States · 1886
- Roberts v. ReillySupreme Court of the United States · 1885
- Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
- Mahon v. JusticeSupreme Court of the United States · 1888
- Lascelles v. GeorgiaSupreme Court of the United States · 1893
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3Cited by55 opinions
- Sterling v. ConstantinSupreme Court of the United States · 1932
- State Ex Rel. Davey v. OwenOhio Supreme Court · 1937
- Diefendorf v. GalletIdaho Supreme Court · 1932
- State v. WellmanSupreme Court of Kansas · 1918
- State v. SmithIdaho Supreme Court · 1990
50 more not listed; retrieve them via the Exa API.