In re Scott
Nebraska Supreme Court
Original application for writ of habeas corpus. The facts are stated in the opinion. The purpose of holding a person in custody to answer at a trial according to the law of the land, is not to punish him, but to secure his attendance at the trial. The constitution provides for release on bail, and that excessive bail shall not be required.
Read the full summary
Original application for writ of habeas corpus. The facts are stated in the opinion. The purpose of holding a person in custody to answer at a trial according to the law of the land, is not to punish him, but to secure his attendance at the trial. The constitution provides for release on bail, and that excessive bail shall not be required. (Constitution of Nebraska, sec. 9, art. 1.) It is substantially a denial of bail and a violation of the constitutional guaranty against excessive bail to require a larger sum than from his circumstances the prisoner can be reasonably expected to give.…
1Opinion of the CourtNorval, J.
This was an application by Barrett Scott for a writ of habeas corpus to procure a reduction of the amount of his bail bond, alleging his inability to give a bond in the sum of $70,000, the amount fixed by the district court of Holt county, and that said sum is excessive. At the September, 1893, term of the district court of the county of Holt the grand jury returned an indictment charging the petitioner on the 4th day of August, 1893, as county treasurer of said county, with embezzling the sum of $70,000 of the pyblic moneys belonging to said county. On the 7th day of October, 1893, on…
2Cases cited13 opinions
- Street v. StateMississippi Supreme Court · 1870
- Ex parte DuncanCalifornia Supreme Court · 1879
- Ex parte HammockSupreme Court of Alabama · 1885
- Ex parte BryantSupreme Court of Alabama · 1859
- Ex parte DuncanCalifornia Supreme Court · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. KulaNebraska Supreme Court · 1998
- Ex Parte MalleyNevada Supreme Court · 1927
- State v. WatkinsNebraska Supreme Court · 1973
- Allen v. StateSupreme Court of Arkansas · 1976
- Langdeau v. StateSouth Dakota Supreme Court · 1970
7 more not listed; retrieve them via the Exa API.