State v. . Miller
Supreme Court of North Carolina
Application for a writ of habeas corpus, heard before Gud-ger, Judge, at Chambers, in Warren ton, on September 24th 1886. After the defendant’s appeal to the Supreme Court was adversely decided, 94 N. C., 904, and the certificate received at July Term of Wake Superior Court, the same judgment as-before was pronounced, and the same punishment imposed for his offence.
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Application for a writ of habeas corpus, heard before Gud-ger, Judge, at Chambers, in Warren ton, on September 24th 1886. After the defendant’s appeal to the Supreme Court was adversely decided, 94 N. C., 904, and the certificate received at July Term of Wake Superior Court, the same judgment as-before was pronounced, and the same punishment imposed for his offence. He has undergone the full term of imprisonment, and desiring to take the benefit of the act for the imprisonment of debtors, and intending to remain in imprisonment for the space of 20 days in order thereto, The Code §2967, he…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). We are advised that the mandate hás been obeyed, and the prisoner reléased, so that no practical purpose is to be subserved in prosecuting the appeal, whatever may be our opinion as to the action of the Judge in his summary intervention in the case.
It is certainly a singular method, to say the least, of acquiring jurisdiction and directing proceedings in it in a case depending in another Court not of his district, by the issue of the present writ. The obvious course would be suggested to carry up to the jurisdictional Judge the alleged denial by the…
2Cited by18 opinions
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- In Re HolleySupreme Court of North Carolina · 1910
- Wisener, Sheriff v. BurrellSupreme Court of Oklahoma · 1911
- State Ex Rel. Perky v. BrowneSupreme Court of Florida · 1932
- State v. . HerndonSupreme Court of North Carolina · 1890
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