Ex Parte Gafford
Nevada Supreme Court
Application for writ of habeas corpus. The facts sufficiently appear in the opinion. I. There is nothing in the statute that prohibited the court from pronouncing judgment on the petitioner, by reason of the petitioner having been jointly indicted and convicted. Nor does the statute require that a second sentence shall commence at any definite future period.
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Application for writ of habeas corpus. The facts sufficiently appear in the opinion. I. There is nothing in the statute that prohibited the court from pronouncing judgment on the petitioner, by reason of the petitioner having been jointly indicted and convicted. Nor does the statute require that a second sentence shall commence at any definite future period. Section 447 of the criminal practice act (Gen. Stats. 4327) is the only statute on the subject, and that has no application to this case. If it had, it is directory only. {Ex Parte Kirby, 76 Cal. 514; People v. Furbes, 22 Cal. 135; 42…
1Opinion of the Court
By the Court,
Bonnieield, C. J.:
Petitioner alleges that he is illegally restrained of his liberty by thé warden of the state prison. It is shown that on the 26th day of January, 1895, the petitioner was duly sentenced by the district court of Washoe county to serve a term of four years in said prison for the crime of an attempt to break jail; second, that on the 5th day of May,.1895, the petitioner and one Seward Leeper, upon a joint indictment, trial, and conviction for the crime of an assault with intent to kill, were jointly sentenced by said court to serve a term of seven years in said…
2Cases cited2 opinions
- Ex parte WinstonNevada Supreme Court · 1873
- State v. SmithNevada Supreme Court · 1875
3Cited by21 opinions
- Ex parte LamarCourt of Appeals for the Second Circuit · 1921
- State v. . MalpassSupreme Court of North Carolina · 1925
- People Ex Rel. Clancy v. GraydonIllinois Supreme Court · 1928
- Zerbst v. LymanCourt of Appeals for the Fifth Circuit · 1919
- In Re BlackSupreme Court of North Carolina · 1913
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