Ford v. Dilley
Supreme Court of Iowa
Appeal from, Woodbury District Court. — W. G. Sears, Judge. Appeal by petitioner from order in babeas corpus denying bail on indictment for murder in tbe first degree. Respondent attempts cross-appeal from trial rulings against bim.—
1Dissent
Deemer, J.,
dissenting. — I gather, from reading the opinion, that it announces the following propositions:
1. The indictment found against petitioner stands for nothing; it does not make out even a prima-facie ease against the petitioner.
2. The burden is upon the defendant sheriff to show that he rightfully detains the plaintiff in his custody, and he must show not only that he holds him upon a proper warrant, but *294also that it was founded upon sufficient testimony. In other words, he cannot justify by showing that he holds petitioner under a proper warrant, but must affirmatively show that…
Also in this document: Concurrence.
2Cases cited27 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Ex parte McAnallySupreme Court of Alabama · 1875
- People v. Tinder & SmithCalifornia Supreme Court · 1862
- State v. HaydenSupreme Court of Iowa · 1876
- Ex. Parte NewmanCourt of Criminal Appeals of Texas · 1897
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