Ex parte Rickey
Nevada Supreme Court
Original proceeding. Application by T. B. Rickey for writ of habeas corpus for his discharge from custody. Statement oe Facts This is an original proceeding in habeas corpus. The writ was heretofore issued upon a duly verified petition in behalf of T. B. Rickey, alleging that he was unlawfully confined and restrained of his liberty by the sheriff of Nye County.
Read the full summary
Original proceeding. Application by T. B. Rickey for writ of habeas corpus for his discharge from custody. Statement oe Facts This is an original proceeding in habeas corpus. The writ was heretofore issued upon a duly verified petition in behalf of T. B. Rickey, alleging that he was unlawfully confined and restrained of his liberty by the sheriff of Nye County. From the return on the writ the following facts appear: That said T. B. Rickey, at the time of the issuance of the writ, was held in custody by the sheriff upon a bench warrant regularly issued by the Fifth Judicial District Court of…
1Opinion of the Court
Per Guriam:
As counsel for the state and petitioner were practically agreed upon the scope of the inquiry upon habeas corpus, we shall not at this time enter into an extended discussion of the question. Suffice it to say that where, as in the petition in this case, it is claimed upon the part of petitioner that the *89indictment does not allege an offense known to the law, and it is admitted by the state that the true facts are stated in the indictment, it becomes the duty of the court to consider the question thus presented; and, if the facts so alleged and admitted as true and complete do not…
2Cases cited30 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Ex parte MaierCalifornia Supreme Court · 1894
- Wallace v. Lincoln Savings BankTennessee Supreme Court · 1891
- Ex parte KearnyCalifornia Supreme Court · 1880
- Ex parte McNultyCalifornia Supreme Court · 1888
25 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- State v. FurthWashington Supreme Court · 1914
- Ex parte SMITHNevada Supreme Court · 1910
- Ex parte DavisNevada Supreme Court · 1910
14 more not listed; retrieve them via the Exa API.