In Re Cook Ex Rel. Murray
California Court of Appeal
PETITION for discharge on writ of habeas corpus from custody of warden of state prison. The facts are stated in the opinion of the court.
1Opinion of the CourtHart, J.
The contention of the petitioner is that Murray is now restrained of his liberty by the warden of the state prison at Folsom upon a commitment issued under a void judgment,- that such restraint is therefore illegal, and that the prisoner is entitled to be released therefrom through the writ of habeas corpus.
It appears that, while undergoing a sentence of imprisonment for the term of ten years in the state prison at Folsom, .and before the expiration of said term, Murray, on the seventeenth day of May, 1904, escaped from said prison; that, subsequently, he was apprehended, and that thereafter…
2Cases cited5 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Hayes v. MissouriSupreme Court of the United States · 1887
- In re MallonIdaho Supreme Court · 1909
- State v. LewinSupreme Court of Kansas · 1894
- In Re MyrtleCalifornia Court of Appeal · 1905
3Cited by12 opinions
- People v. ChaddCalifornia Supreme Court · 1981
- People v. BeeslyCalifornia Court of Appeal · 1931
- Alex v. StateAlaska Supreme Court · 1971
- In Re WilsonCalifornia Supreme Court · 1925
- People v. OutcaultCalifornia Court of Appeal · 1949
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