Ex parte Crawford
| Decision Date | 07 September 1897 |
| Docket Number | 1,509. |
| Citation | 49 P. 1038,24 Nev. 91 |
| Parties | Ex parte CRAWFORD. |
| Court | Nevada Supreme Court |
Application by James Crawford for a writ of habeas corpus. Denied.
F. H. Norcross, for petitioner.
The petitioner is held in custody by the sheriff of Washoe county by virtue of a commitment issued from the court of the justice of the peace of Reno township. The commitment shows that the petitioner was found guilty of a public offense, to wit, threats against life, and is placed under bonds to keep the peace, or be imprisoned in the county jail for the term of six months, or until said bond be given. No objection is made touching the regularity of the commitment, and the jurisdiction of the court is not questioned. Under these facts, it is our duty to deny the application. Gen. St. § 3689. Whether petitioner was guilty or not was the question to be decided upon the trial, and, if it was erroneously decided, the remedy is by appeal, and not by habeas corpus. Ex parte Edgington, 10 Nev. 215.
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Ex parte Jackman
... ... a motion for a new trial, and not on habeas corpus. Ex parte ... Smith, 2 Nev. 338; Ex parte Winston, 9 Nev. 71; Ex parte ... Edgington, 10 Nev. 215; Ex parte Maxwell, 11 Nev. 429; Ex ... parte Bergman, 18 Nev. 331, 4 P. 209; Ex parte Crawford, 24 ... Nev. 91, 49 P. 1038 ... An ... appeal is now pending in this court from said judgment and ... order, in which the question sought to be determined in this ... proceeding is presented ... As this ... latter procedure is the appropriate remedy for ... ...