Legal Opinion

In re Murphy

Wyoming Supreme Court

Decided May 29, 1895PublishedCited by 16 opinions

RESERVED questions from thé District Court for Albany County. James E. Murphy, having been held to answer for the crime of bigamy, and being held in custody by the sheriff of Albany county under a commitment issued by the'examining magistrate, applied to the district court for writ of habeas corpus.

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RESERVED questions from thé District Court for Albany County. James E. Murphy, having been held to answer for the crime of bigamy, and being held in custody by the sheriff of Albany county under a commitment issued by the'examining magistrate, applied to the district court for writ of habeas corpus. Upon submission of the matter to the court on the issue raised by a demurrer to. the return of the sheriff to the writ requiring him to show the cause of the restraint of the prisoner, certain questions were reserved to the Supreme Court for its decision. Such questions and the entire facts in the…

1Opinion of the Court

Pottee, Justice.

On the 20th day of February, 1895, James E. Murphy filed in the district court of Albany county his petition for the writ of habeas corpus, questioning the legality of his restraint in the jail of that county by the sheriff thereof. The cause of the restraint, as alleged, is a commitment, issued by a justice, of the peace; and it is alleged that the justice had no jurisdiction of the offense charged against the petitioner, and that no offense against the laws of this State has been charged against him.

A reference to the commitment, a copy of which is attached to the petition,…

2Cases cited13 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. United States v. KagamaSupreme Court of the United States · 1886
  3. Davis v. BeasonSupreme Court of the United States · 1890
  4. Moore v. IllinoisSupreme Court of the United States · 1852
  5. Fox v. OhioSupreme Court of the United States · 1847

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3Cited by16 opinions

  1. Bartkus v. IllinoisSupreme Court of the United States · 1959
  2. Puerto Rico v. Shell Co. (PR), Ltd.Supreme Court of the United States · 1937
  3. Territory v. Long Bell Lumber Co.Supreme Court of Oklahoma · 1908
  4. State v. NormanUtah Supreme Court · 1898
  5. Abbate v. United StatesCourt of Appeals for the Ninth Circuit · 1921

11 more not listed; retrieve them via the Exa API.

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