Ex parte Ricord
Nevada Supreme Court
Habeas Corpus before tbe Supreme Court. Tbe facts are stated in tbe opinion. I. In bolding Bicord to answer for the crime of “obtaining money under false pretenses ” in tbe babeas corpus proceeding, Judge Bonnifield discharged him of tbe crime of ‘ ‘ embezzlement.”
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Habeas Corpus before tbe Supreme Court. Tbe facts are stated in tbe opinion. I. In bolding Bicord to answer for the crime of “obtaining money under false pretenses ” in tbe babeas corpus proceeding, Judge Bonnifield discharged him of tbe crime of ‘ ‘ embezzlement.” Upon the same facts it is not possible that Bicord could be guilty of “obtaining money under false pretenses” and “embezzlement;” because “embezzlement” involves tbe existence of an agency, and implies that the money came rightfully into his custody, and “ obtaining money under false pretenses ” involves the denial of an agency,…
1Opinion of the Court
By the Court,
Beatty, J.:
This is a proceeding upon habeas corpus. The petitioner alleges that he is illegally restrained by the sheriff of Hum*290boldt county, and that the illegality of his confinement consists in this: that he was committed in default of bail by the Hon. W. S. Bonnifield, judge of the fourth district, on a charge of obtaining money under false pretenses, notwithstanding the fact that it was proven before said judge that he had been previously tried by a jury, and acquitted upon a good indictment for the same offense. And he alleges further that no reasonable cause exists or was…
2Cases cited1 opinion
- People v. BaileyCalifornia Supreme Court · 1863
3Cited by18 opinions
- Barron v. StateNevada Supreme Court · 1989
- People v. HawkinsMichigan Supreme Court · 1895
- Ricord v. Central Pacific RailroadNevada Supreme Court · 1880
- State v. McFarlinNevada Supreme Court · 1918
- State v. DuboisUtah Supreme Court · 1940
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