Ex parte Phillips
Supreme Court of Kansas
Petition for a Writ of Habeas Corpus. Charles Phillips filed his petition in this court for a writ of habeas corpus to be discharged from an alleged illegal imprisonment. The facts as set forth in the petition and record are as follows: An information was filed in the district court of Dickinson county, charging •the petitioner with grand larceny. The petitioner plead not guilty. A jury was impanneled and sworn.
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Petition for a Writ of Habeas Corpus. Charles Phillips filed his petition in this court for a writ of habeas corpus to be discharged from an alleged illegal imprisonment. The facts as set forth in the petition and record are as follows: An information was filed in the district court of Dickinson county, charging •the petitioner with grand larceny. The petitioner plead not guilty. A jury was impanneled and sworn. Before any testimony was offered, on application of the County Attorney, and on the ground of the death of one witness, and the absence of other material witnesses, the court directed…
1Opinion of the Court
By the Court,
Brewer, J.:
The petitioner alleges that he is unlawfully restrained of his liberty, and asks the interposition of this'court to release him. Do the petition and the record of the proceedings in the district court present a case which calls for the interposition of this court by habeas corpus ? This court has original jurisdiction in habeas corpus proceedings; but in such cases has no greater power than any other court having jurisdiction in habeas corpus, to inquire into the regularity of proceedings upon which a person is restrained of his liberty. It is not every improper,…
2Cases cited2 opinions
- Wright v. StateIndiana Supreme Court · 1854
- Dickinson v. PurvisSupreme Court of Pennsylvania · 1822
3Cited by11 opinions
- In re DillSupreme Court of Kansas · 1884
- In re RolfsSupreme Court of Kansas · 1883
- In re TerrySupreme Court of Kansas · 1905
- In re GraySupreme Court of Kansas · 1902
- In re LewisSupreme Court of Kansas · 1940
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