Legal Opinion
Ex parte Gibson
California Supreme Court
Decided July 1, 1867PublishedCited by 53 opinions
The prisoner applied to Mr. Justice Sanderson, at chambers, to be discharged on habeas corpus. The other facts are stated in the opinion.
1Opinion of the Court
Per Sanderson, J.:
The petitioner is held in custody by the Warden of the State Prison, and claims his discharge upon the ground that the process—if such it may be called—under which he is held is defective in matter of substance required by law, and therefore void.
In his return to the writ the Warden sets out a verbatim copy of the document under which he holds the petitioner. It is in these words :
“ State of California,
County of Calaveras,
“ To the Sheriff of Calaveras County: At the February term of the Sixteenth District Court, in and for the County of Calaveras aforesaid, held at Mokelumne…
2Cases cited7 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Sarah v. StateSupreme Court of Georgia · 1859
- Dyson v. StateMississippi Supreme Court · 1872
- In re RingCalifornia Supreme Court · 1865
- Grady v. StateSupreme Court of Georgia · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- In Re McVickersCalifornia Supreme Court · 1946
- Chase v. TroutCalifornia Supreme Court · 1905
- Dye v. SkeenWest Virginia Supreme Court · 1950
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
48 more not listed; retrieve them via the Exa API.