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accused action alleged AmSR AnnCas appeal application arrest authority CanCrCas cause charge child commitment constitutional conviction County court criminal custody demanding detention determine discharge Dist district entitled error evidence extradition facts federal granted ground habeas corpus hearing held imprisonment indictment infra inquire Iowa issue judge judgment jurisdiction jury justice license LRANS Mass Matter ment Minn Misc Miss Nebr offense officer party person petition petitioner Porto prisoner proceedings proper provisions question quot reason refused regulations release remedy Reprint restraint rule sentence Smith statute statutory sufficient Super supra term tion trial United violation warrant Wash writ of habeas York
Página 261 - Generally it is for the Legislature to determine what laws and regulations are needed to protect the public health and secure the public comfort, and safety, and while its measures are calculated, intended, convenient and appropriate to accomplish these ends, the exercise of its discretion is not subject to review by the courts.
Página 11 - The privilege and benefit of the writ of habeas corpus shall be enjoyed in this Commonwealth in the most free, easy, cheap, expeditious and ample manner ; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
Página 147 - States; or (3) He is in custody in violation of the Constitution or laws or treaties of the United States; or (4) He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations ; or (5) It is necessary to bring him into court...
Página 53 - ... proper in form, has been issued in a case not allowed by law; 5. When the person having the custody of the prisoner is not the person allowed by law to detain him; 6. Where the process is not authorized by any order, judgment, or decree of any court, nor by any provision of law; 7. Where a party has been committed on a criminal charge without reasonable or probable cause.
Página 144 - States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States...
Página 157 - Any one in custody as an insane person is entitled to a writ of habeas corpus, upon a proper application made by him or some friend in his behalf.
Página 147 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States...
Página 144 - That either of the justices of the Supreme Court, or a judge of any district court of the United States, in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases of a prisoner or prisoners, in jail or confinement, where he or they shall be committed or confined on, or by any authority or law, for any act done, or omitted to be done, in pursuance of a law of the United States...
Página 15 - And that either of the justices of the Supreme Court, as well as judges of the District Courts, shall have power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commitment.