State v. Haddox
West Virginia Supreme Court
Application by tlio State for writ of mandmius to C.' E. Had-dox, warden of tbe penitentiary.
1Opinion of the Court
DeNT, Judge :
In the.case of the State v. C. E. Haddox, warden of tbe penitentiary, being a proceeding by mandamus to compel tbe execution of George Carter, convicted of murder in tbe first degree and sentenced to be banged, tbe question is presented as to where tbe legal duty is reposed to refix tbe time for the execution of a judgment imposing the death penalty when tbe time fixed has *223passed before the affirmation of such judgment by this Court. The mandamus is filed on the theory that the warden, whose duty it is to execute the sentence should fix the time, while in argument the attorneys…
2Cases cited7 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Schwab v. BerggrenSupreme Court of the United States · 1892
- Holden v. MinnesotaSupreme Court of the United States · 1890
- Moett v. . People of the State of New YorkNew York Court of Appeals · 1881
- Fielden v. PeopleIllinois Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dye v. SkeenWest Virginia Supreme Court · 1950
- State v. LemonWest Virginia Supreme Court · 1919
- Rose v. CommonwealthSupreme Court of Virginia · 1949
- State v. MillerSupreme Court of Kansas · 1950
- State Ex Rel. Chafin v. BaileyWest Virginia Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.