Ex Parte Dela
Nevada Supreme Court
Original proceeding. Application by Joseph Dela for a writ of habeas corpus. The facts sufficiently appear in the opinion. I. The return to the writ is that the prisoner is held by the warden of the state prison by authority of a judgment of the district court of Lincoln county, wherein he was convicted of the crime of murder, and upon such conviction was by said court sentenced to the state prison for twenty years, and that said twenty years has not expired. II.
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Original proceeding. Application by Joseph Dela for a writ of habeas corpus. The facts sufficiently appear in the opinion. I. The return to the writ is that the prisoner is held by the warden of the state prison by authority of a judgment of the district court of Lincoln county, wherein he was convicted of the crime of murder, and upon such conviction was by said court sentenced to the state prison for twenty years, and that said twenty years has not expired. II. Habeas corpus is not a writ of error, nor can it be used to authorize the exercise of appellate jurisdiction. In a case like this…
1Opinion of the Court
By the Court,
Massey, J.:
The facts shown by the petition, the return of the warden, and otherwise, are all conceded. It was shown that the petitioner was indicted by the grand jury of Lincoln county on the 31st day of October, 1895, for the crime of murder committed on the 13th day of October, 1895; that he was tried therefor on the 13th day of November, 1895, in the District 'Court of the Fourth Judicial District of the State of Nevada, in and for Lincoln County, by a jury, and convicted of the crime of rape; that on the 16th day of November, 1895, he was sentenced to serve a term of twenty…
2Cases cited8 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- State v. MeyersSupreme Court of Missouri · 1889
- In re RingCalifornia Supreme Court · 1865
- State v. JohnsonSupreme Court of Iowa · 1887
- Ex parte WinstonNevada Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. . NicholsNew York Court of Appeals · 1921
- Ex Parte GrantCourt of Criminal Appeals of Oklahoma · 1925
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- Ledbetter v. StateNevada Supreme Court · 2006
- State v. McCowanSupreme Court of Kansas · 1979
15 more not listed; retrieve them via the Exa API.