Clifford v. Dryden

• Decision Date: 09 April 1903
• Parties: CLIFFORD v. DRYDEN, Superintendent of Washington State Penitentiary.
• Court: Washington Supreme Court

72 P. 96

31 Wash. 545

CLIFFORD v. DRYDEN, Superintendent of Washington State Penitentiary.

Supreme Court of Washington

April 9, 1903

Appeal from Superior Court, Walla Walla County; Thos. H. Brents Judge.

Application by William Clifford for a writ of habeas corpus, setting up that petitioner is illegally restrained of his liberty by F A. Dryden, superintendent of Washington State Penitentiary. Writ denied, and petitioner appeals. Affirmed.

John H Pedigo, for appellant.

Lester S. Wilson, for respondent.

DUNBAR J.

On the 10th day of January, 1903, William Clifford petitioned the superior court of Walla Walla county for a writ of habeas corpus, alleging that he was illegally restrained of his liberty by F. A. Dryden, superintendent of the penitentiary of the state of Washington at Walla Walla. On the same day the said superior court issued a writ of habeas corpus directing and commanding the said superintendent to bring the body of said Clifford before said court on said day, and show cause why said Clifford should not be discharged. In obedience to said writ, said superintendent produced in court the body of the said Clifford, and in his return set out fully his authority for detaining said Clifford. At the hearing the following stipulation was entered into by the parties: 'It is hereby stipulated and agreed by and between the respective parties hereto that the following are the facts in this case: That the petitioner, William Clifford, was on the 29th day of May, 1900, in the superior court of the state of Washington, in and for the county of Whitman, in case No. 7,671, informed against, tried, convicted, and sentenced to the penitentiary of said state for a period of three years, and in pursuance of said judgment and sentence the said Clifford was duly delivered to the proper officer of said penitentiary, and confinded therein until on or about the 8th day of April, 1901, and on the 6th day of April, 1901, the superior court of Whitman county, said state, made and entered an order directing the sheriff of said Whitman county to proceed to said penitentiary, and there apprehend the said William Clifford, convict No. 2,208, and convey him to the county jail of said Whitman county, and the said court further ordered the warden of said penitentiary to deliver said William Clifford into the custody of said sheriff; that in pursuance of said last-mentioned order the said sheriff, on the said 8th day of April, 1901, delivered to said warden a copy of said lastmentioned order, and thereupon demanded said warden to deliver the custody of said William Clifford; that said warden thereupon delivered said William Clifford to said sheriff under protest; that said sheriff there and then compelled said Clifford to accompany him to said Whitman county; that thereafter said Clifford was confined in said jail of Whitman county until the 13th day of June, 1901; that on said 13th day of June, 1901, said William Clifford was informed against, tried, convicted, and sentenced by the superior court of said Whitman county, in case No. 7,944, to the said penitentiary for a term of one year, to commence upon the expiration of the sentence in case No. 7,671; that said sentence in case No. 7,671 fully expired on the 19th day of August, 1902; that the alleged crime for which said William Clifford was tried, convicted, and sentenced on the 13th day of June, 1901, in case No. 7,944, was alleged to have been committed prior to his first instance, in case No. 7,671, to wit, prior to the 29th day of May, 1900. The only question to be determined by the court in this case is, did the superior court of the county of Whitman have jurisdiction and power to remove from the penitentiary this convict, and to hear, try, and determine case No. 7,944 against him, and resentence him to a term of one year in the penitentiary; said term to begin at the expiration of the three-year term in case No. 7,671.'

It is the contention of the...