In re McDonald
Wyoming Supreme Court
John McDonald was confined in the county jail of Sweet-water County, under conviction and sentence by the district court for criminal libel. He applied to the supreme court for release upon habeas corpus. The initial writ was granted, ordering the sheriff to appear and show by what authority the petitioner was held in custody, and to show cause, if any, why the prayer of petitioner should not be granted.
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John McDonald was confined in the county jail of Sweet-water County, under conviction and sentence by the district court for criminal libel. He applied to the supreme court for release upon habeas corpus. The initial writ was granted, ordering the sheriff to appear and show by what authority the petitioner was held in custody, and to show cause, if any, why the prayer of petitioner should not be granted. The case was heard on demurrer to the petition, and the petition was denied. The facts are fully stated in the opinion. Want of jurisdiction is a proper ground for habeas corpus. (Ex parte…
1Opinion of the Court
Geoesbeck, Chief Justice.
This proceeding is submitted upon the petition for the writ as amended by consent and by leave of court, and the demurrer to the petition on behalf of the defendant and respondent, the sheriff of Sweetwater County. The initial writ was granted by this court, and the application disclosing that the petitioner is without means to employ counsel to represent him, Edmund J. Churchill, Esq., of the Cheyenne bar was appointed to act for the petitioner herein. The brief on the application shows much labor and care in its preparation and has been carefully considered. The…
2Cases cited16 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte JacksonSupreme Court of the United States · 1878
- In Re WightSupreme Court of the United States · 1890
- Bason v. HughartTexas Supreme Court · 1847
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3Cited by25 opinions
- State v. HoustonUtah Supreme Court · 2015
- Fisher v. McDanielWyoming Supreme Court · 1901
- Hennigan v. StateWyoming Supreme Court · 1987
- Fry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
- Hovey v. SheffnerWyoming Supreme Court · 1908
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