State ex rel. Nolan v. Brantly
Montana Supreme Court
Application by the State of Montana, on the relation of C. B. Nolan, Attorney General, for a writ of certiorari to review the action of Theodore Brantly, Judge of the Third Judicial District, in granting a writ of habeas corpus on the application of William Day, who had been convicted of murder in the first degree. The propriety of reviewing the action of the lower court in discharging the defendant Day by this proceeding is no longer an open question in this state.
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Application by the State of Montana, on the relation of C. B. Nolan, Attorney General, for a writ of certiorari to review the action of Theodore Brantly, Judge of the Third Judicial District, in granting a writ of habeas corpus on the application of William Day, who had been convicted of murder in the first degree. The propriety of reviewing the action of the lower court in discharging the defendant Day by this proceeding is no longer an open question in this state. (State ex rel. Mathews v. Eddy, 10 Mont. 312, 25 Pac. 1032; State ex rel. Murphy v. Second Judicial District Court, 10 Mont.…
1Opinion of the CourtHunt, J.
Certiorari. —William Day applied to the District Court of Deer Lodge county for a writ of habeas corpus. The District Court granted the writ. The state asks this court to review the action of the lower court.
On September 15, 1896, an infoxmation was filed in the District Court of Silver Bow county charging William Day with the crime of murder in the first degree. When the information was filed, Day had not been examined and committed by a magistrate, or admitted to bail upon any charge, and it would appear from the record that he was at liberty when the information was filed. Leave of court…
2Cases cited3 opinions
- Ex Parte MilliganSupreme Court of the United States · 1867
- State v. PolsonSupreme Court of Iowa · 1870
- Ex parte McConnellCalifornia Supreme Court · 1890
3Cited by12 opinions
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- Bryan v. StateSupreme Court of Florida · 1899
- State v. MartinMontana Supreme Court · 1903
- State v. ChevignyMontana Supreme Court · 1914
- State v. VuckovichMontana Supreme Court · 1921
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