In re Tod
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon Joseph B. Moore, Judge. Application of Grant Heatly Tod for a writ of habeas corpus. The application was denied, and*the prisoner remanded to custody, and from an order denying a new trial he appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon Joseph B. Moore, Judge. Application of Grant Heatly Tod for a writ of habeas corpus. The application was denied, and*the prisoner remanded to custody, and from an order denying a new trial he appeals. The facts are stated in the opinion. The courts have aulhorLy upon habeas corpus to enquire into the cause of a prisioner’s detention and for this purpose, while not having power to direct the executive discretion, they may review the manner in which it was exercised. 7 Am. & Eng, Enc. of Law 655; Robb v. Connelly,' 111 U. S. 624; People v. Brady,…
1Opinion of the CourtCokson, J.
On July 21, 1899 Grant Heatley Tod presented a petition to the honorable judge of the circuit court of the Eighth judicial circuit, in and for the county of Lawrence, setting forth that since the 16th day of September, 1898, he had been a resident of said Lawrence county; that he was then unlawfully restrained of his liberty by the sheriff of Lawrence county, who claimed some right to detain him; and that such detention was unlawful, — and praying that he (said petitioner) might be forthwith discharged from custody. Thereupon the said circuit judge issued a writ of habeas corpus, commanding…
2Cases cited2 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Ex Parte ReggelSupreme Court of the United States · 1885
3Cited by17 opinions
- Matter of Application of ShoemakerCalifornia Court of Appeal · 1914
- In Re RobertsWashington Supreme Court · 1936
- In re WatermanNevada Supreme Court · 1907
- Ex parte JowellCourt of Criminal Appeals of Texas · 1920
- State v. JacksonSouth Dakota Supreme Court · 1907
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