State v. . Hall
Supreme Court of North Carolina
Proceedings in habeas corpus, tried before Mclver, J. The petitioners Hall and Dockery were incarcerated in the jail of Cherokee County, on a warrant issued by a Justice of the Peace, charging them with being fugitives from justice fiom Tennessee for killing in said State one Andrew Bryson. The Judge refused to discharge the prisoners, and recommitted them to jail to await the warrant of extradition, and they appealed.
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Proceedings in habeas corpus, tried before Mclver, J. The petitioners Hall and Dockery were incarcerated in the jail of Cherokee County, on a warrant issued by a Justice of the Peace, charging them with being fugitives from justice fiom Tennessee for killing in said State one Andrew Bryson. The Judge refused to discharge the prisoners, and recommitted them to jail to await the warrant of extradition, and they appealed. After setting out the affidavit and the warrant of the Justice of the Peace, and their arrest thereunder, they show that “ at Fall Term, 1892, they were indicted for the murder…
1Opinion of the Court
CLARK and MACRAE, JJ., dissent. The defendants were arrested, and are now held under the statute (The Code, sec. 1165), which provides that any one of certain judicial officers therein named, "on satisfactory information laid before him that any fugitive in the State has committed, out of the State and within the United States, any offense which by the law of the State in which the offense was committed is punishable, either capitally or by imprisonment for one year or upwards in any State prison, shall have full power and authority, and is hereby required to issue a warrant for said…
2Cases cited7 opinions
- Kingsbury's caseMassachusetts Supreme Judicial Court · 1870
- Ex parte SmithU.S. Circuit Court for the District of Illinois · 1843
- State v. HallSupreme Court of North Carolina · 1894
- State v. . CutshallSupreme Court of North Carolina · 1892
- Jones v. LeonardSupreme Court of Iowa · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
- In re MoyerIdaho Supreme Court · 1906
- State Ex Rel. Lea v. BrownTennessee Supreme Court · 1933
- State v. WellmanSupreme Court of Kansas · 1918
- Culbertson v. Sweeney, SheriffOhio Court of Appeals · 1942
8 more not listed; retrieve them via the Exa API.