Hight v. United States
Supreme Court of Iowa
Certiorari to Desmoines. George W. Hight and George V. Hight, confined in jail on an indictment for the murder of Peter Andrews petitioned the District Court of Desmoines at the November term 1844, for the benefit of the writ of habeas corpus, which was granted.
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Certiorari to Desmoines. George W. Hight and George V. Hight, confined in jail on an indictment for the murder of Peter Andrews petitioned the District Court of Desmoines at the November term 1844, for the benefit of the writ of habeas corpus, which was granted. Upon the return, the prisoners by their counsel, meved the court to admit them to bail, and for liberty to produce evidence to the court, to prove and satisfy the court that the charges contained in the indictment were not based upon proof that was evident, or presumptions that were great. That the offence charged, was based upon the…
1Opinion of the Court
Per Curiam,
Mason, Chief Justice.
After the plaintiffs in error had been indicted for murder, they were brought before the District Court of Desmoines county, by a writ of habeas corpus for the purpose, on their part, of being let to bail. It was contended for them that although they had been indicted for murder, yet the evidence against them before the grand jury was of such an unconclusive character, that they were entitled to be discharged on bail as a matter of right, and it was claimed to be the duty of the court to go into an original examination of the whole matter, and to decide…
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