Legal Opinion

In re Durrant

U.S. Circuit Court for the District of Northern California

Decided November 11, 1897No. 12,530PublishedCited by 4 opinions

This was an application for a writ of habeas corpus in behalf of W. H. T. Durrant, who was convicted by a state court of California of murder in the first degree, and adjudged to suffer the penalty of death.

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This was an application for a writ of habeas corpus in behalf of W. H. T. Durrant, who was convicted by a state court of California of murder in the first degree, and adjudged to suffer the penalty of death. The petition for the writ in this case alleged, among other things, that prior to June 2, 1807, said Durrant was convicted in the superior court of the city and county of San Francisco, state of California, of the crime of murder in the first degree, for the alleged killing of one Blanche Bamont, and adjudged to suffer the penalty of death; that on the 2d day of June, 1807, application…

1Opinion of the Court

DE HAVEN, District Judge.

The application for the writ in this proceeding does not present any federal question. It is not claimed by the petitioner that the supreme court of the United States did not, prior to November 18th of this year, in point of fact, affirm the former order of this court refusing to issue a writ of habeas corpus in behalf of W. H. T. Durrant; and, indeed, we take judicial notice that such former order of this court was affirmed by the supreme court of the United States prior to the 10th instant. 18 Sup.. Ct.-. That order having been affirmed, the superior court of the…

2Cases cited2 opinions

  1. In Re FrederichSupreme Court of the United States · 1893
  2. In Re Shibuya JugiroSupreme Court of the United States · 1891

3Cited by4 opinions

  1. Saunders v. Piggly Wiggly CorporationDistrict Court, W.D. Tennessee · 1924
  2. Flanigan v. Security-First Nat. BankDistrict Court, S.D. California · 1941
  3. In re DurrantU.S. Circuit Court for the District of Northern California · 1898
  4. Ex parte LookDistrict Court, N.D. California · 1904

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