Ex parte Stanley
Nevada Supreme Court
Habeas Corpus before the Supreme Court. The petitioner, Joseph C. Stanley, had been indicted for the murder of David D. Caldwell, and held to answer that charge before the District Court of the Third Judicial District, Washoe County. He was tried at the November Term, 1867, and convicted of manslaughter. A new trial having been granted by the Court below, the State appealed to this Court, and the order granting a new trial was affirmed.
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Habeas Corpus before the Supreme Court. The petitioner, Joseph C. Stanley, had been indicted for the murder of David D. Caldwell, and held to answer that charge before the District Court of the Third Judicial District, Washoe County. He was tried at the November Term, 1867, and convicted of manslaughter. A new trial having been granted by the Court below, the State appealed to this Court, and the order granting a new trial was affirmed. (See ante, p. 71.) The cause, having been remanded, was next called for trial at the May Term, 1868, of the Court below; but the panel summoned being…
1Opinion of the Court
By
Lewis, J.
The defendant is brought before this Court upon a writ of habeas corpus, and his release claimed by counsel upon the grounds: First, that he cannot have a speedy trial in the county where he was indicted, and where it is claimed he has the right to be tried, because no competent jury can be obtained there, and no change of venue can be had upon the motion of the prosecution; and second, that the order made by the Court postponing the trial indefinitely, operated as a release of the prisoner, and consequently the Sheriff has now no legal authority to hold him in custody.
*116That all…
2Cited by13 opinions
- State v. KeefeWyoming Supreme Court · 1908
- Ex Rel Eubanks v. Cole, District JudgeCourt of Criminal Appeals of Oklahoma · 1910
- State v. McClearNevada Supreme Court · 1876
- State v. GoddardSupreme Court of Missouri · 1901
- State v. SquierNevada Supreme Court · 1936
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