In re Fitton
Supreme Court of Vermont
Habeas corpus. Heard at the January term, 1896. No irregularity will justify a discharge upon habeas corpms unless it renders the proceedings void. Ex parte Tracy, 25 Vt. 93; Ex parte Mitchell, 104 Mo. 121; In re Swan, 150 U. S. 637. The decision of the U. S. Supreme Court dismissing the the appeal was a final judgment, U. S. Rev. Stat.' s. 766; Jugico v..Brush, 140 U. S.' 291.
1Opinion of the CourtMunson, J.
The relator was indicted for perjury at the December term of the Windsor county court in 1887, was tried on said charge at the May term of that court in 1891, and on conviction thereof was sentenced to the state prison at Windsor, where he is now confined. The relator •claims that his detention is unlawful because of illegalities in the proceedings by which he was brought to trial.
It appears that after this indictment was found the relator absented himself from the state, but that he came into the state at Bennington in January, 1891, as John Rice, and was afterwards at Troy in the state of…
2Cases cited3 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex parte KelloggSupreme Court of Vermont · 1834
- In re GreenoughSupreme Court of Vermont · 1858
3Cited by11 opinions
- In re HookSupreme Court of Vermont · 1922
- State v. ShawSupreme Court of Vermont · 1901
- In re DexterSupreme Court of Vermont · 1919
- Davenport v. District of ColumbiaDistrict of Columbia Court of Appeals · 1948
- In re TurnerSupreme Court of Vermont · 1918
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