Ex parte Wessens
Oregon Supreme Court
Original proceeding in Supreme Court. In Banc. Claiming to be unlawfully imprisoned by the sheriff of Clatsop County, the petitioner obtained a writ of habeas corpus from this court, commanding the officer to state the cause of the detention, in pursuance of which the latter made return to the effect that on September 4, 1918, in Clatsop County, Oregon, the petitioner was accused before the circuit judge of that county, sitting as a magistrate, of the crime of unlawful…
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Original proceeding in Supreme Court. In Banc. Claiming to be unlawfully imprisoned by the sheriff of Clatsop County, the petitioner obtained a writ of habeas corpus from this court, commanding the officer to state the cause of the detention, in pursuance of which the latter made return to the effect that on September 4, 1918, in Clatsop County, Oregon, the petitioner was accused before the circuit judge of that county, sitting as a magistrate, of the crime of unlawful gaming, by an information, a copy of which is annexed to the petition herein and made a part of the return by reference. It…
1Opinion of the Court
BURNETT, J. —
1. On habeas corpustYis issue arises on the sufficiency of the return. It may be contro*589verted by demurrer or by reply: Section 648, L. O. L.; Merriman v. Morgan, 7 Or. 68.
2. A circuit judge is a magistrate: Section 1735, L. 0. L. Tbe argument of the petitioner at the hearing of the demurrer was that the complaint upon which the circuit judge acted was entitled “In the Circuit Court of the State of Oregon for the County of Clatsop” and amounted to charging the defendant therein named in the Circuit Court otherwise than upon an indictment by the grand jury, which he contends is…
2Cases cited9 opinions
- People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
- In re RobinsonSupreme Court of Florida · 1917
- Ex parte FosterOregon Supreme Court · 1914
- In re MileckeWashington Supreme Court · 1909
- Long v. MintoOregon Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Huffman v. AlexanderOregon Supreme Court · 1952
- State v. HicksOregon Supreme Court · 1958
- Hills v. PierceOregon Supreme Court · 1924
- Kennedy v. WheelerOregon Supreme Court · 2014
- In Re Davenport for a Writ of Habeas CorpusOregon Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.