Ex parte Roberts
Nevada Supreme Court
TTa-rtbar Corpus before tbe Supreme Court. Tbe writ was issued on tbe petition of A. C. Ellis, and directed to P. C. Hyman, warden of the State prison.
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TTa-rtbar Corpus before tbe Supreme Court. Tbe writ was issued on tbe petition of A. C. Ellis, and directed to P. C. Hyman, warden of the State prison. In bis return tbe respondent set forth tbat be held Roberts in custody by virtue of a judgment of tbe district court of Ormsby County, rendered on March 11, 1872, sentencing him to imprisonment for tbe crime of State prison breaking; tbat be bad held him from July, 1871, by virtue of a sentence to a term of ten years for highway robbery; tbat on May 7, 1873, tbe judgment and sentence for highway robbery bad been reversed (States. Roberts,…
1Opinion of the Court
By the Court,
Belknap, J.:
Under a judgment of conviction for prison-breaking, the petitioner was on the 11th day of March, 1872, sentenced to confinement in the State prison for the period of one year, to commence upon the expiration of a term of imprisonment *46which he was then undergoing for robbery. The trial of the robbery case was had out of term, and upon appeal we decided that the judgment of the district court rendered therein was void, and ordered a new trial. (State v. Roberts, 8 Nev. 239.) The petitioner is confined in the State prison. Application is made for his release by writ of…
2Cases cited1 opinion
- State v. RobertsNevada Supreme Court · 1873
3Cited by11 opinions
- Brown v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1958
- In re MarkusonNorth Dakota Supreme Court · 1895
- In re BloomMichigan Supreme Court · 1884
- Ex Parte DelaNevada Supreme Court · 1900
- Ex parte DavisNevada Supreme Court · 1910
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